TREVOR VIDEAN SENTON BY HIS LITIGATION GUARDIAN THE PUBLIC ADVOCATE OF THE AUSTRALIAN CAPITAL TERRITORY v FRANCIS JAMES STEEN

This case involves an action for damages for personal injury arising out of a collision between a motor vehicle and a pedestrian. The collision occurred at about 6.30 pm on Thursday 24 June 2004 in Kendal Street, Cowra, New South Wales. Negligence on the part of the driver is admitted. The driver asserts that the pedestrian was guilty of contributory negligence. The court had to decide whether the pedestrian was guilty of contributory negligence and if so, how liability should be apportioned between the parties. The court considered the evidence and found that the pedestrian failed to keep a proper lookout and that he failed to take the care for his own safety which a reasonable man in his position would have taken. The driver's negligence was more culpable than that of the pedestrian, and the court found that an appropriate apportionment of liability is 70% to the driver and 30% to the pedestrian. The court ordered that the plaintiff's damages be reduced by 30% for contributory negligence and that the further hearing of the action be stood over for the assessment of damages.