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Road traffic – Accident. When the claimants were on holiday in Portugal, they were struck by a driver who was insured by the defendants. The second claimant died and the first claimant sustained serious injury. The claimants brought a case and liability was disputed by the defendant. The Queen's Bench Division held that the claimants had made the decision to cross the road safely and that in any event the defendant had been travelling very fast. The claimants therefore succeeded on liability and there was no contributory negligence.
Road traffic – Accident. When the claimants were on holiday in Portugal, they were struck by a driver who was insured by the defendants. The second claimant died and the first claimant sustained serious injury. The claimants brought a case and liability was disputed by the defendant. The Queen's Bench Division held that the claimants had made the decision to cross the road safely and that in any event the defendant had been travelling very fast. The claimants therefore succeeded on liability and there was no contributory negligence.
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