Wylie v Friel [2001] ScotCS 104 (4 May 2001)

Wylie v Friel [2001] ScotCS 104 (4 May 2001)

The pursuer failed to prove on balance of probabilities that he was struck by the defender's car or that his injuries were caused by the defender's actions. The defender's evidence was preferred as credible and reliable. Accordingly, the action fails and decree of absolvitor is granted.

Citation
[2001] ScotCS 104
Parties
Pursuer: Gordon Wylie; Defender: George Friel
Jurisdiction
Scotland
Judgment Date
04 May 2001
Procedural Posture
Personal Injury Reparation / Judgment After Proof
Outcome
Action dismissed; decree of absolvitor granted in favour of defender.
Legal Topics
Negligence, Causation, Damages, Credibility of Witnesses
Tort Personal Injury Negligence Causation Damages Credibility of Witnesses

Case Brief

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Parties

Gordon Wylie

Pursuer

George Friel

Defender

Procedural Posture

Personal Injury Reparation / Judgment After Proof

Legal Issues

  1. 1 Whether defender negligently caused injury to pursuer
  2. 2 Whether pursuer's injuries were caused by defender's actions
  3. 3 Assessment of damages if liability established

Ratio Decidendi

The pursuer failed to prove on balance of probabilities that he was struck by the defender's car or that his injuries were caused by the defender's actions. The defender's evidence was preferred as credible and reliable. Accordingly, the action fails and decree of absolvitor is granted.

Court Disposition

Action dismissed; decree of absolvitor granted in favour of defender.

Orders

  • Third and fourth pleas-in-law for defender upheld
  • Decree of absolvitor granted