Mr Green was under the influence of alcohol when he collapsed in the roadway of a residential cul-de-sac. Ms Bannister reversed from her home in the cul-de-sac, looking over her right shoulder to avoid some parked cars. She continued to reverse and ran over M Green.
The Court ruled in favour of Mr Green, with Ms Bannister being held to be 40% contributory negligent.
Ms Bannister appealed the Court’s decisions claiming the judge required a driving standard of perfection.
On appeal, the Court held that Ms Bannister should have checked her nearside mirror and looked over her left shoulder, which had she had done so would have avoided running over Mr Green as she would have seen him.
When driving in a cul-de-sac, the care required specific attention to what was in the car’s path.
The appeal was dismissed and Ms Bannister was held to be 40% contributory negligent.