MacKenzie v. MacHell [2005] ScotSC 20 (01 April 2005)

MacKenzie v. MacHell [2005] ScotSC 20 (01 April 2005)

The accident was solely caused by the Pursuer's negligent manoeuvre in braking and turning left across the path of the following motorcycles without adequate warning or ensuring it was safe, making collision almost inevitable. The Defender was not at fault and had no reasonable opportunity to avoid the collision.

Citation
[2005] ScotSC 20
Parties
Pursuer: Susan Mackenzie; Defender: Ingrid Machell
Jurisdiction
Scotland
Judgment Date
01 April 2005
Procedural Posture
Civil (personal Injury, Road Traffic Accident) / Judgment After Proof (trial)
Outcome
Defender assoilzied (absolved) from Pursuer's claim; decree granted in favour of Defender on counterclaim.
Legal Topics
Negligence, Group Riding Liability, Contributory Negligence, Damages Assessment
Tort Personal Injury Road Traffic Negligence Group Riding Liability Contributory Negligence Damages Assessment

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Parties

Susan Mackenzie

Pursuer

Ingrid Machell

Defender

Procedural Posture

Civil (personal Injury, Road Traffic Accident) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the accident was caused by the fault and negligence of the Defender or the Pursuer
  2. 2 Whether the Defender is liable to make reparation to the Pursuer
  3. 3 Whether the Pursuer is liable to make reparation to the Defender on counterclaim

Ratio Decidendi

The accident was solely caused by the Pursuer's negligent manoeuvre in braking and turning left across the path of the following motorcycles without adequate warning or ensuring it was safe, making collision almost inevitable. The Defender was not at fault and had no reasonable opportunity to avoid the collision.

Court Disposition

Defender assoilzied (absolved) from Pursuer's claim; decree granted in favour of Defender on counterclaim.

Orders

  • Pursuer's claim dismissed; Defender not liable to Pursuer.
  • Decree for Defender on counterclaim for £4,786.50 with interest at 8% per annum from date of citation.