Moffat Or Morton v Knaggs & Anor [1999] ScotCS 86 (19 March 1999)

Moffat Or Morton v Knaggs & Anor [1999] ScotCS 86 (19 March 1999)

The defender was not negligent as she moderated her speed below the speed limit, was aware of the risks, and could not have avoided the accident given the sudden and unforeseeable emergence of the child from behind a parked car. The pursuer failed to prove that the accident was caused by the defender's fault.

Citation
[1999] ScotCS 86
Parties
Pursuer: Sylvia Muir Moffat or Morton; First Defender: Mrs Patricia Knaggs; Second Defender: Strathclyde Regional Council
Jurisdiction
Scotland
Judgment Date
19 March 1999
Procedural Posture
Civil Action (personal Injury/road Traffic Accident) / Judgment After Proof (trial) on Liability
Outcome
Action dismissed; absolvitor granted to defender
Legal Topics
Negligence, Duty of Care, Standard of Care, Contributory Negligence, Liability in Road Traffic Accidents
Tort Personal Injury Road Traffic Law Negligence Duty of Care Standard of Care Contributory Negligence Liability in Road Traffic Accidents

Case Brief

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Parties

Sylvia Muir Moffat or Morton

Pursuer

Mrs Patricia Knaggs

First Defender

Strathclyde Regional Council

Second Defender

Procedural Posture

Civil Action (personal Injury/road Traffic Accident) / Judgment After Proof (trial) on Liability

Legal Issues

  1. 1 Whether the defender was negligent in driving at an excessive speed or failing to keep a proper lookout
  2. 2 Whether the accident was caused by the defender's fault or by the actions of the child

Ratio Decidendi

The defender was not negligent as she moderated her speed below the speed limit, was aware of the risks, and could not have avoided the accident given the sudden and unforeseeable emergence of the child from behind a parked car. The pursuer failed to prove that the accident was caused by the defender's fault.

Court Disposition

Action dismissed; absolvitor granted to defender

Orders

  • First plea-in-law for the pursuer repelled
  • Third plea-in-law for the defender sustained