A taxi driver travelling through a busy entertainment precinct on a Friday night must be particularly alert to the possibility of pedestrians crossing mid-block, and failure to observe a pedestrian who has traversed two lanes of traffic constitutes negligence. Where a trial judge omits to take into account a material factor in apportioning contributory negligence — here, the pedestrian's own failure to keep a proper lookout — the appellate court will intervene. A heavily intoxicated pedestrian who crosses a busy road mid-block rather than at a controlled intersection, creating the situation of danger, bears the greater share of responsibility (60%).
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