Freeleagus v Nominal Defendant [2007] QCA 116
Fri May 25 2007
In this matter, an unregistered vehicle was stopped on the edge of a highway as a result of a deflated tyre, but was protuding into the right lane. The Plaintiff's vehicle collided with the uregistered vehicle and the plaintiff suffered personal injuries as a result.
It was determined that the Plaintiff saw the stopped vehicle 200-300 metres prior to the collision. The trial judge apportioned liability 70 to 30 percent in favour of the plaintiff.
This matter was appealed to the Court of Appeal and the Court of Appeal set aside the judgement and determined that there was no negligence on the part of the driver stopped on the side of the road.
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