Bryce v McKirdy [1998] ScotCS 116 (30 December 1998)

Bryce v McKirdy [1998] ScotCS 116 (30 December 1998)

The defender was negligent in failing to sound her horn to warn the pursuer, given she anticipated the risk of the pursuer stepping back, but the pursuer was primarily responsible for the accident by failing to keep a proper lookout and stepping into the car's path. Damages were reduced by 75% for contributory negligence.

Citation
[1998] ScotCS 116
Parties
Pursuer: Kenneth Bryce; Defender: Phyllis McKirdy
Jurisdiction
Scotland
Judgment Date
30 December 1998
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Decree for the pursuer for £16,085, being 25% of total damages assessed, with interest at 8% per annum until payment.
Legal Topics
Contributory Negligence, Duty of Care, Damages Assessment, Pedestrian Accident, Employer Liability
Tort Personal Injury Road Traffic Law Contributory Negligence Duty of Care Damages Assessment Pedestrian Accident Employer Liability

Case Brief

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Parties

Kenneth Bryce

Pursuer

Phyllis McKirdy

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether the defender was negligent in failing to sound her horn to warn the pursuer of her approach
  2. 2 Whether the pursuer was contributorily negligent in stepping backwards into the path of the defender's car
  3. 3 Assessment of damages for personal injury and loss of employability

Ratio Decidendi

The defender was negligent in failing to sound her horn to warn the pursuer, given she anticipated the risk of the pursuer stepping back, but the pursuer was primarily responsible for the accident by failing to keep a proper lookout and stepping into the car's path. Damages were reduced by 75% for contributory negligence.

Court Disposition

Decree for the pursuer for £16,085, being 25% of total damages assessed, with interest at 8% per annum until payment.

Orders

  • Uphold first plea-in-law for the pursuer and sixth plea-in-law for the defender
  • Award decree for £16,085 plus interest at 8% per annum until payment