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Sparrow v Mark, High Court

4 February 2002
The issues

Pedestrian run over – excessive speed – pedestrian in attention.

The facts

The Defendant hit Claimant when Claimant was crossing the road. The Defendant had been driving too fast for the conditions. He braked but had no time to sound his horn. The case proceeded on liability only.

The decision

1. The Defendant would not have avoided the Claimant even if he had been driving at a safe speed (expert and eye witnesses were heard).

2. The accident was caused by the Claimant failing to look to his left before he began to cross.

Judgment for the Defendant (including his counterclaim).

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