Breach of duty

Smith v Kempson [2011] EWHC 2680 (QB)

Counsel: For the claimant: Mr SullivanFor the defendant: Mr EdwardsSolicitors: For the claimant: Barlow Lyde & GilbertFor the defendant: Spencers

This was an appeal by S against a decision that she had negligently caused a road traffic accident involving herself and K, a motorcyclist. S had been waiting to turn right at a junction to emerge from a minor road onto a major road. Her view to the right was obscured by some parked vehicle, which forced traffic to drive on the wrong side of the road in order to pass them. S had emerged from the minor road and her vehicle had collided with K’s motorcycle, as it was overtaking the parked vehicles.