Case Studies

Plaintiff’s claim dismissed after being hit by truck

Withnell v Tran [2023] WADC 100
HBA Legal acted in a claim brought by a pedestrian plaintiff who was seriously injured after coming into contact with a truck driven by the defendant.

The claim was denied on the basis of no negligence on the part of the defendant and the event was entirely of the plaintiff’s actions.

This claim was successfully defended at trial in 2023: Withnell v Tran [2023] WADC 100. The Judge found the plaintiff’s contact with the truck had nothing to do with any action of the defendant. The defence also successfully pleaded ‘agony of the moment’ (fear of the defendant driver that he was being attacked) and voluntary assumption of risk pursuant to the Civil Liability Act.

The Plaintiff’s claim was dismissed and judgment for the Defendant given.

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