Powell v Moody

Powell v MoodyisEnglish case law,often used for the settlement ofcivil claimsbrought as the result ofroad traffic collisions.The case was decided in 1966.

A recent case (Davis v Schrogin2006) is lately quoted as a defence toPowell v Moody.However,Davis v Schrogindoes not supersedePowell v Moodyand that the latter is still considered inout-of-court settlements.This is because in the case ofDavis v Schogin,the car driver emerged from a line of traffic to make a U-turn and not from a side road.

Case

The plaintiff was riding amotorbikealong a road and came across a stationary line of traffic consisting of vehicles two abrest. The plaintiff proceeded along the offside overtaking the stationary vehicles. The defendant came out of a side road in a car through a gap in the traffic intending to turn right in the opposite direction to the traffic and the plaintiff's travel. The defendant was signalled by the driver of amilk-tankerto proceed and as the defendant inched out he was hit by the plaintiff.

Judgement

The judge ruled that both parties were to blame but attributed 80% of the blame to the plaintiff.

Significance

The case is often quoted as an proving example of the liability incurred bymotorcyclistswhen 'making a lane' and proceeding alongside traffic. As this is an operation fraught with potential hazards anyone undertaking it incurs liability for anything which may happen irrespective of whether they have right-of-way.