Wardle v Fowler No. Scciv-02-345

The case of Wardle v Fowler involved a motorcycle accident where the plaintiff, Wardle, was riding his motorcycle on the correct side of the road, while the defendant, Fowler, was driving a truck around a blind corner on partly the incorrect side of the road. The plaintiff claimed damages for injuries sustained in the collision. The South Australian Supreme Court heard the appeal from the lower court's judgment apportioning liability 50/50 between the parties.

The primary legal issue before the Court was the apportionment of liability between the plaintiff and the defendant. The Court had to determine the extent of each party's culpability in causing the accident and assess whether the lower court's judgment was correct. The Court also considered the recent decision in Weinert v Schmidt to determine the appropriate apportionment of liability in this case.

The Court found that the plaintiff's culpability was minimal, as he was travelling on the correct side of the road and had not failed to do anything he ought to have done after seeing the defendant's truck. On the other hand, the defendant's culpability was significant, as he was driving on partly the incorrect side of the road around a blind corner. The Court concluded that the plaintiff should not be held responsible to any greater extent than 10 per cent. The Court found the decision in Weinert v Schmidt to be persuasive, and accordingly, the Court decided that the appropriate apportionment in this case was 90 per cent to the defendant and 10 per cent to the plaintiff. The Court allowed the appeal, set aside the lower court's judgment, and substituted it with a judgment that the plaintiff recover from the defendant ninety per cent (90%) of his damages to be assessed.