Morrison v. Gardiner [2005] ScotCS CSOH_156 (18 November 2005)

Morrison v. Gardiner [2005] ScotCS CSOH_156 (18 November 2005)

The pursuer, while primarily injured due to the defender's negligence, contributed to his own injury by failing to sound his siren, proceeding at a relatively high speed, and positioning himself close to stationary traffic, thereby failing to take sufficient care for his own safety. His share of responsibility for the damage is assessed at 25%.

Citation
[2005] ScotCS CSOH_156
Parties
Pursuer: Graeme Morrison; Defender: Andrea Maree Gardiner
Jurisdiction
Scotland
Judgment Date
18 November 2005
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Decree in favour of the pursuer, subject to a 25% deduction for contributory negligence.
Legal Topics
Contributory Negligence, Police Officer Liability, Road Traffic Accident, Damages Assessment
Tort Personal Injury Road Traffic Law Contributory Negligence Police Officer Liability Road Traffic Accident Damages Assessment

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Parties

Graeme Morrison

Pursuer

Andrea Maree Gardiner

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer was contributorily negligent in the circumstances of the road traffic accident
  2. 2 Assessment of the degree of contributory negligence, if any, attributable to the pursuer

Ratio Decidendi

The pursuer, while primarily injured due to the defender's negligence, contributed to his own injury by failing to sound his siren, proceeding at a relatively high speed, and positioning himself close to stationary traffic, thereby failing to take sufficient care for his own safety. His share of responsibility for the damage is assessed at 25%.

Court Disposition

Decree in favour of the pursuer, subject to a 25% deduction for contributory negligence.

Orders

  • Finds the pursuer contributorily negligent to the extent of 25%.
  • Defender liable to the pursuer in the sum of £375,000 under deduction of 25% and interest at 8% per annum from date of decree until payment.