Phillips & Anor v. First Glasgow (No. 1) Ltd [2009] ScotSC 2 (01 March 2008)

Phillips & Anor v. First Glasgow (No. 1) Ltd [2009] ScotSC 2 (01 March 2008)

The bus driver was not negligent as he acted reasonably in an emergency, considering the safety of passengers and the possibility of a child following the dog. The defenders discharged any onus of proof by providing credible evidence for the driver's actions. There is no absolute duty to ensure passenger safety at all times; the duty is to take reasonable care.

Citation
[2009] ScotSC 2
Parties
First Pursuer: Gladys Philips; Second Pursuer: Mary Glasgow; Defender: First Glasgow (No 1) Limited
Jurisdiction
Scotland
Judgment Date
01 March 2008
Procedural Posture
Personal Injury Action / Final Judgment After Proof
Outcome
Defenders absolved from liability; action dismissed
Legal Topics
Duty of Care, Negligence of Bus Driver, Sudden Braking, Passenger Safety, Vicarious Liability
Tort Personal Injury Negligence Duty of Care Negligence of Bus Driver Sudden Braking Passenger Safety Vicarious Liability

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Parties

Gladys Philips

First Pursuer

Mary Glasgow

Second Pursuer

First Glasgow (No 1) Limited

Defender

Procedural Posture

Personal Injury Action / Final Judgment After Proof

Legal Issues

  1. 1 Whether the bus driver was negligent in braking suddenly to avoid a dog, causing injury to standing passengers
  2. 2 Whether the defenders are vicariously liable for the driver's actions
  3. 3 Whether the driver owed a paramount duty to passengers over other road users

Ratio Decidendi

The bus driver was not negligent as he acted reasonably in an emergency, considering the safety of passengers and the possibility of a child following the dog. The defenders discharged any onus of proof by providing credible evidence for the driver's actions. There is no absolute duty to ensure passenger safety at all times; the duty is to take reasonable care.

Court Disposition

Defenders absolved from liability; action dismissed

Orders

  • Defenders assoilzied from the craves of the writ
  • Pursuers found liable in expenses as Assisted Persons