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Baker v Willoughby [1969]

Facts

  • The defendant ran over the claimant’s leg, causing permanent compensable injury
  • Before the trial, the claimant was shot in the same leg by a criminal which then required amputation

Issue

  • Was the defendant absolved from liability at the time of the shooting?

Decision

  • No

Reasoning

  • The driver continued to be liable as if the shooting had never occurred
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