Vale v Eggins

In *Vale v Eggins*, the Court of Appeal of New South Wales considered an appeal from a judgment concerning a negligence claim where the appellant was struck by a motor vehicle driven by the respondent. The appellant had been "stumbling" across the roadway at the time of the incident.

The primary legal issues before the Court of Appeal were whether the respondent was negligent in increasing speed when approaching the appellant, the reasonable steps required of the respondent to react to the appellant's presence on the roadway, and whether the trial judge had erred in dividing the events into distinct phases. Additionally, the Court was required to interpret section 49 of the *Civil Liability Act* (NSW) concerning its application to intoxicated persons, specifically whether it denied a duty of care or liability for damages, lowered the standard of care owed, or incorporated section 50 of the Act. The appeal also concerned the trial judge's finding of 75% contributory negligence on the part of the appellant, who was intoxicated at the time of the injury.

The Court of Appeal found that the trial judge had erred in her approach to the assessment of negligence and contributory negligence. It held that section 49 of the *Civil Liability Act* did not deny a duty of care or liability for damages towards an intoxicated person, nor did it lower the standard of care owed to such a person, and it did not incorporate section 50 of the Act. The Court determined that the respondent had been negligent and that the appellant had also been contributorily negligent.

The Court of Appeal allowed the appeal, setting aside the verdict, judgment, and costs order in favour of the respondent. A verdict and judgment were entered for the appellant in the sum of $925,000, plus interest. The parties were directed to file written submissions on costs.