Savino v Schieven

[2015] VSCA 67

Victorian Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Motor vehicle accident
4. › Duty of care of driver
5. › Standard of care of reasonable driver
6. › Whether failure to keep proper lookout
7. › Whether verdict of no negligence open to jury on evidence
1. Appeal
2. › Appeal from jury verdict
3. › Standard of appellate review
4. › Whether verdict reasonably open on the evidence
5. › Evidence to be viewed most favourably to respondent
6. › Onus on appellant who bore onus of proof at trial
7. › Supreme Court Act 1986 (Vic), s 14C
1. Practice and Procedure
2. › Leave to appeal
3. › Real prospect of success
4. › Supreme Court Act 1986 (Vic), s 14C

Quick Take

A jury verdict finding no negligence by a driver who checked mirrors and performed a head check before turning across a bicycle lane is not irrational where the evidence supports the conclusion that the motorcyclist entered the lane only moments before the collision. Findings of negligence in individual motor vehicle cases are highly fact-specific and do not operate as precedents.