Fitzgerald v Lane and Another [1989] AC 328

House of Lords 

Basic Facts: 
The claimant (C) was crossing a busy street against a red light and was hit by two cars, one after the other, resulting in partial tetraplegia. He sued both drivers (D1 and D2) for damages. 

Issue for the Court: 
How should damages be apportioned when there are multiple defendants and the claimant is contributory negligent? 

Held: D1 and D2 are jointly liable for 50% of the damages. Each of D1 and D2 can seek 50% contribution from each other (making their individual damages paid equate 25%)

Lord Ackner (Dismissing the Appeal): 

• Both defendants (Ds) and the claimant (C) were negligent. 

• The court must first determine if D1 and D2 were negligent and apportion damages accordingly. 

• Only after this should the court assess whether C was contributory negligent and then decide on a just and equitable reduction in damages. 

• The trial judge erred by not first determining C's contributory negligence before apportioning blame between the Ds. The level of negligence between the Ds is relevant for contribution but not for assessing C's contributory negligence.