Landau v The Big Bus Company Ltd & Anor
2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
- LORD JUSTICE RICHARDS
- LADY JUSTICE BLACK
Areas of Law
- Tort Law
- Civil Procedure
AI Generated Summary
In the Court of Appeal, Lord Justice Richards, with Sullivan LJ and Lady Justice Black concurring, dismissed Michael Landau’s appeal from Foskett J’s judgment rejecting his negligence claim against Big Bus Company Ltd and driver Mrs Dean, and against VW Passat driver Mr Zeital. The accident occurred when the vehicles moved off from traffic lights at Pall Mall East and turned sharply left into Cockspur Street; Landau’s scooter became trapped, causing a serious leg injury and eventual amputation. The central factual issue was Landau’s position and visibility at the lights. Richards LJ upheld the trial judge’s assessment that Landau was not where he claimed and had likely been in a blind spot, though no positive finding was required. On liability, Mrs Dean’s wide sweep over the central reservation reflected reasonable care amid pedestrian risks, and Mr Zeital’s positioning and prompt braking did not fall below a reasonable standard. Emphasizing appellate caution under Assicurazioni Generali, Datec, Henderson, and Biogen, Richards LJ rejected arguments premised on a counsel of perfection. The appeal was dismissed.