McDonald (AP) v Chambers [2000] ScotCS 1 (5 January 2000)

McDonald (AP) v Chambers [2000] ScotCS 1 (5 January 2000)

The defender was primarily at fault for failing to observe the changing traffic signals and take action to avoid the pursuer, but the pursuer was also at fault for stepping onto the crossing without ensuring it was safe. Liability apportioned two-thirds to the defender and one-third to the pursuer.

Citation
[2000] ScotCS 1
Parties
Pursuer: Alison McDonald (AP); Defender: Sarah Weir Chambers
Jurisdiction
Scotland
Judgment Date
05 January 2000
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Defender found liable for two-thirds of the pursuer's damages; pursuer found one-third contributorily negligent.
Legal Topics
Negligence, Contributory Negligence, Damages, Pedestrian Road Accidents
Tort Personal Injury Road Traffic Law Negligence Contributory Negligence Damages Pedestrian Road Accidents

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Parties

Alison McDonald (AP)

Pursuer

Sarah Weir Chambers

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender was negligent in causing injury to the pursuer at a pedestrian crossing
  2. 2 Whether the pursuer was contributorily negligent
  3. 3 Assessment of damages for personal injuries

Ratio Decidendi

The defender was primarily at fault for failing to observe the changing traffic signals and take action to avoid the pursuer, but the pursuer was also at fault for stepping onto the crossing without ensuring it was safe. Liability apportioned two-thirds to the defender and one-third to the pursuer.

Court Disposition

Defender found liable for two-thirds of the pursuer's damages; pursuer found one-third contributorily negligent.

Orders

  • Award of solatium (general damages) of £115,000 plus interest (£16,560)
  • Past wage loss (including interest) of £50,000