Adamson v Motor Vehicle Insurance Trust (1957) 58 WALR 56
Tort; Negligence; breach of the duty of care; foreseeability of harm; reasonable person; relevance of defendant's disabilities.
Facts: In 1955, Adamson was crossing an intersection where traffic was being directed by a traffic pointsman. Adamson and a cyclist were struck by a car driven through the crossing by Burt. Burt had stolen the car, acting under an irrational belief that his workmates were trying to kill him, and a compulsion to escape at all costs to save his own life. The court found that Burt was insane at the time of the accident.
Issue: Did Burt's insanity excuse him from negligence?
Decision: In the circumstances, Burt was liable for Negligence.
Reason: The court did not deal directly with the insanity question because it found that Burt had understood what he was doing, and realised it was wrong. However, the court seemed to suggest that a defendant's insanity should not change the "reasonable person" test that is applied to determine questions of negligence.