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Fitzgerald v Lane

[1989] AC 328

Case summary last updated at 18/01/2020 17:03 by the Oxbridge Notes in-house law team.

Judgement for the case Fitzgerald v Lane

P was crossing the road when there was a green light for the traffic and was hit first by one car which threw him in the direction of the second car which also hit him. P sued both drivers (D1 and D2). HL held that P was able to sue for negligence but had a large portion taken off for contributory negligence. 

 Lord Ackner: The correct approach is to ask (1) whether D was liable, (2) for how much D is liable (assuming all the fault is D’s), and finally (3) whether the liability should be reduced for contributory negligence. Where there are disputes about contribution to the injuries between the two or more defendants, this is to be worked out in stage 2 and is separate from the question of contributory negligence which is worked out later on (in stage 3). 

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