October 5, 2025
Turnbull v Warrener [2012] EWCA Civ 412
A tractor driver turned right and was hit by a speeding motorcyclist who died. The trial judge found the tractor driver 100% liable. The Court of Appeal reversed this, finding the motorcyclist 80% contributorily negligent due to his excessive speed. Facts Ms Turnbull, the defendant, was driving a tractor and trailer. She intended to turn right from a minor road, cross the B1249 main road, and enter a field gateway directly opposite. The B1249 had a 60 mph speed limit. Before commencing the turn, she saw the headlight of a motorcycle, which she estimated to be about 400 metres away,