Wang v Sceats and Anor

In the matter of *Wang v Sceats and Anor*, heard before Judge Smith, the plaintiff, Ms. Wang, sought damages for personal injuries sustained in a motor vehicle accident. The defendants, Mr. Sceats and his insurer, denied liability, alleging that Ms. Wang's own negligence contributed to the accident. The core of the dispute revolved around the apportionment of blame for the collision that occurred at an intersection.

The court was tasked with determining whether the defendants were negligent and, if so, to what extent. Crucially, the court also had to consider whether Ms. Wang was contributorily negligent and, if both parties were found to be at fault, how to apportion the damages accordingly. The assessment of damages for Ms. Wang's injuries was also a key issue.

Judge Smith found that the defendant, Mr. Sceats, was negligent in failing to keep a proper lookout and in entering the intersection when it was unsafe to do so. However, the court also found that Ms. Wang was contributorily negligent by failing to take reasonable steps to avoid the collision, specifically by not slowing down when she observed the defendant's vehicle approaching the intersection in a manner that suggested it might not stop. Applying the principles of contributory negligence, the court apportioned liability at 70% to the defendant and 30% to the plaintiff. The court then proceeded to assess the total damages suffered by Ms. Wang, which were subsequently reduced by 30% to reflect her contributory negligence.