NICOLA ANNE GIBSON (A MINOR) AND CHRISTOPHER NEILL GIBSON -V- JAMES DOUGLAS AND NEILL GIBSON

Lisburn County Court
31 March 2003
Judge Brownlee

This litigation arose out of a road traffic accident which occurred on the 26th September 1999 on the Crossgar Road, Ballynahinch. The minor Plaintiff was a front seat passenger in his Father's car, the second named Defendant. The first named Defendant, who was a Farmer was moving his combine harvester from one field to another. This combine harvester measured 11ft in width. The road on which the incident occurred was a minor road bordered by hedges and trees and was undulating. The national speed limited applied. It was accepted that the two vehicles were not able to pass on this road. The two vehicles met on a sweeping corner, however the point of impact had not been agreed.

The first named Defendant accepted that as he was moving his combine harvester to another field, part of his vehicle infringed on the other side of the road. In his defence he argued that his vehicle was within legal limits for moving on the road (see Motor Vehicles (Authorisation of Special Types) Order (NI) 1997) and that therefore he was not required to take any additional precautions, for example, having someone drive in front of vehicle in order to warn oncoming vehicles of its presence.

After hearing the evidence, the Judge was satisfied that because of high hedging on either side of the road, the views of both drivers had been restricted. The first named Defendant's speed was restricted to a maximum of 10 mph whereas the second named Defendant's speed was at least 50mph.

Judge Brownlee referred to a number of cases wherein it was held that a road user must show mutual respect and reasonable care to avoid damage. The first named Defendant relied on the 1997 Order to avoid liability and on the basis of same felt that there was no requirement for him to warn oncoming vehicles of his presence. Her Honour Judge Brownlee was not persuaded by this argument holding that the driver was under a duty to take reasonable care on this occasion and Her Honour was satisfied that the driver of this combine harvester was guilty of negligence, in that he should have taken steps to alert other road users to his presence on the road.

As regards the second named Defendant Her Honour found his speed of 50 mph to be excessive in the circumstances. He may have been able to avoid impact had he been driving at a slower speed. Liability was apportioned 80% on the driver of the combine harvester and 20% on the driver of the car.