Turner v Green and Another [2008]
- Reported: [2008] EWHC 3133
- Year: 2008
- Court: Queen's Bench Division
FACTS:-
In July 2004, a motor cycle, owned by the first defendant, was being driven by the first defendant along a road in Essex. The first defendant did not have insurance. At a point where the road bent the motor cycle mounted the pavement and crashed into a wall. The claimant was thrown from the motorbike and suffered serious injuries.
The claimant brought proceedings against the first defendant and the second defendant the Motor Insurers Bureau to claim damages for personal injuries. The trial related to liability alone and the central issue was whether the claimant was a pillion passenger on the motor cycle as it was being driven by the first defendant, or whether the claimant was himself the driver.
It was common ground that on the day of the accident the claimant had arranged to meet a friend at a public house. The claimant’s friend was also a friend of the first defendant who had also arranged to meet at the public house. The first defendant had ridden his motorcycle to the public house despite being uninsured. Following the accident the first defendant reported his motor cycle as having been stolen.
The claimant contended that whilst he had been at the public house he was approached by the first defendant who offered to sell him the motorbike. He submitted that the first defendant took him as a passenger on the motorcycle in order test drive it during which the accident took place. The trial related to liability alone. The central issue was whether the Claimant was a pillion passenger on the motorbike as it was being driven by the first defendant, or whether the claimant was the driver.
HELD:-
Derek Sweeting rejected the Claimant’s account. The claim was dismissed.
On the evidence, the claimant had been drinking on the day of the accident and it was highly likely that he was unfit to drive. He asked and was given permission to ride the motor cycle. He did so and as he approached a bend in a road he lost control, probably as a result of the influence of alcohol and his lack of any recent experience of riding a powerful motor cycle, and collided with the kerb and a brick wall. At the time of the accident the first defendant was still at the public house from where he was given a lift home and falsely reported his motor cycle as having been stolen.
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