Green v Haynes
2014
QUEEN’S BENCH DIVISION
UK
CORAM
- THE HON. MR JUSTICE SUPPERSTONE
Areas of Law
- Tort Law
- Criminal Law and Procedure
2014
QUEEN’S BENCH DIVISION
UK
CORAM
AI Generated Summary
The Defendant, who blacked out due to a syncope attack while driving, collided with the Claimant's car, causing severe injuries. Despite the Defendant's claim of automatism, the court found him liable, holding that he was negligent in his decision to drive despite his medical symptoms and in the manner and speed of his driving.
Judgment
Mr Justice Supperstone :
Introduction
At approximately 8.03 a.m. on 1 March 2012 a collision occurred at the A47 southbound carriageway exit slip road to the A11 Thickthorn roundabout junction at Cringleford in Norfolk. The Claimant sustained very serious injuries, including permanent brain damage, when his Volkswagen Polo, which was stationary in a queue of traffic with four other vehicles at the bottom of the slip road where the roundabout junction is traffic light controlled, was struck by a Toyota Land Cruiser Sports Utility Vehicle driven by the Defendant. The Defendant’s vehicle collided with the rear of the Claimant’s vehicle, causing the Claimant’s vehicle to be shunted forcibly into and under a Land Rover vehicle in front of it.
Liability is disputed by the Defendant. It is the Defendant’s case that he is not liable for the accident or the injuries caused to the Claimant. He maintains that the collision occurred after he blacked out at the wheel of his vehicle following a vaso-vagal syncopal attack triggered by abdominal pain, and that he is entitled to rely upon the defence of automatism.
On behalf of the Claimant it is accepted that the Defendant passed out seconds before the collision. However it is the Claimant’s case that the Defendant was negligent both in choosing to drive when he did and in the manner of his driving prior to that point which caused the accident. In the circumstances this is not a case in which a defence of automatism exonerates the Defendant.
The Evidence
The Defendant was born on 14 May 1958. For many years he worked for British Petroleum as an off-shore installation manager, but since 2010 he has been a self-employed HSE and Operations Management Consultant. On the morning of 1 March 2012 he left his home and drove to the East of England Energy Group (“EEGR”) Conference, focused on the off-shore gas industry, which is his speciality, arriving at the John Innes Centre in Norwich at about 7.25 a.m. in time for a networking breakfast that was scheduled for 7.30 a.m. The drive from his home was about 50 minutes.
The Defendant and his wife had been on holiday in Madeira for ten days, arriving home at about 7.15 p.m. on Monday 27 February 2012. He said that on holiday he developed what he believed to be cold symptoms and that he coughed up the occasional white mucus, which continued on Tuesday the 28 th , which he said was a very relaxing day spent at home. On Wednesday 29 February he said he had just the occa