Plaintiff Struck While Pushing Vehicle v. Defendant Driver Over Contributory Negligence

A plaintiff sued the driver and owner of a vehicle for damages sustained in an accident that occurred when the plaintiff, while pushing a broken-down vehicle, was struck by the defendant's oncoming vehicle, despite the plaintiff having activated warning lights. The Court of Cassation partially quashed the lower court's decision, ruling that the lower court erred by failing to consider whether the plaintiff's conduct in pushing the disabled vehicle on the roadway—even with warning lights active—constituted a contributing fault that could reduce the quantum of damages recoverable from the defendant driver, who was found to have committed a traffic violation.