Tuesday 5th October 2021 – Wednesday 6th October 2021
The first Defendant (D1) appeals, with permission from Mrs Justice Foster on 1 July 2020, the order of Master Victoria McCloud dated 28 April 2020.
Master McCloud dismissed D1’s application to strike out negligence claims against D1 arising from a fatal road traffic accident caused by black ice. She considered the legal issues fact dependent and that the matter should go to trial.
C1 is the wife and C2 the estate of Malcolm Tindall, killed when his car was in collision with a car whose driver had lost control on sheet ice on 4 March 2014. D1’s officers had attended a different accident earlier the same morning at the same location. The driver in question was taken to hospital. The officers removed a temporary warning sign at the site before leaving. D2 is the Highway Authority (it did not apply to strike out the claim). The Cl’s submit D1 had a common law duty in negligence to make the road safe.
Lower Court Judgment: