INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER WARDEN [2009] ScotSC 85 (19 March 2009)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF ALEXANDER WARDEN [2009] ScotSC 85 (19 March 2009)

The death of Alexander Warden was caused by a road traffic collision resulting from a combination of overtaking maneuvers and loss of control by another vehicle. There were no reasonable precautions, apart from avoidance of the accident itself, that could have prevented the death. No defects in any system of working contributed to the death.

Citation
[2009] ScotSC 85
Parties
Deceased: Alexander Warden; Procurator Fiscal: Mr. G. G. Aitken; Driver of Mercedes 815: Mr. James Brown; Employer of Deceased: Harbro Limited
Jurisdiction
Scotland
Judgment Date
19 March 2009
Procedural Posture
Fatal Accident Inquiry / Determination
Outcome
Formal determination of circumstances and cause of death under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Section 6(1)(a).
Legal Topics
Fatal Accident Inquiry, Road Traffic Collision, Employer Liability, Driver Conduct
Coronial Law Road Traffic Law Fatal Accident Inquiry Road Traffic Collision Employer Liability Driver Conduct

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Parties

Alexander Warden

Deceased

Mr. G. G. Aitken

Procurator Fiscal

Mr. James Brown

Driver of Mercedes 815

Harbro Limited

Employer of Deceased

Procedural Posture

Fatal Accident Inquiry / Determination

Legal Issues

  1. 1 Circumstances and cause of Alexander Warden's death
  2. 2 Whether reasonable precautions could have prevented the death
  3. 3 Whether any defects in working systems contributed to the death

Ratio Decidendi

The death of Alexander Warden was caused by a road traffic collision resulting from a combination of overtaking maneuvers and loss of control by another vehicle. There were no reasonable precautions, apart from avoidance of the accident itself, that could have prevented the death. No defects in any system of working contributed to the death.

Court Disposition

Formal determination of circumstances and cause of death under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Section 6(1)(a).