Easdon v A Clarke & Co (Smethwick) Ltd [2008] ScotCS CSOH_29 (15 February 2008)

Easdon v A Clarke & Co (Smethwick) Ltd [2008] ScotCS CSOH_29 (15 February 2008)

The accident was caused by the defender's employee negligently driving the cab unit onto the wrong side of the road at a relatively high speed for the circumstances, without necessity, thereby creating a hazard which the pursuer could not reasonably have anticipated. The pursuer was not travelling at an excessive speed and would have been able to stop for any stationary or slow-moving hazard. The pursuer's loss of control was a direct result of being confronted with an unexpected moving vehicle on his side of the road. There was no contributory negligence on the part of the pursuer.

Citation
[2008] ScotCS CSOH_29
Parties
Pursuer: Mark Easdon; Defenders: A Clarke & Company (Smethwick) Limited
Jurisdiction
Scotland
Judgment Date
15 February 2008
Procedural Posture
Personal Injury (road Traffic Accident) / Proof on Liability Only
Outcome
Liability established against the defenders; no contributory negligence by the pursuer.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Standard of Care, Road Traffic Accident Liability
Tort Personal Injury Road Traffic Law Negligence Contributory Negligence Duty of Care Standard of Care Road Traffic Accident Liability

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Parties

Mark Easdon

Pursuer

A Clarke & Company (Smethwick) Limited

Defenders

Procedural Posture

Personal Injury (road Traffic Accident) / Proof on Liability Only

Legal Issues

  1. 1 Whether the defender's employee was negligent in driving on the wrong side of the road
  2. 2 Whether the pursuer was contributorily negligent by travelling at excessive speed or failing to anticipate the hazard
  3. 3 Whether the accident was caused solely or partly by the pursuer's loss of control of his motorcycle

Ratio Decidendi

The accident was caused by the defender's employee negligently driving the cab unit onto the wrong side of the road at a relatively high speed for the circumstances, without necessity, thereby creating a hazard which the pursuer could not reasonably have anticipated. The pursuer was not travelling at an excessive speed and would have been able to stop for any stationary or slow-moving hazard. The pursuer's loss of control was a direct result of being confronted with an unexpected moving vehicle on his side of the road. There was no contributory negligence on the part of the pursuer.

Court Disposition

Liability established against the defenders; no contributory negligence by the pursuer.

Orders

  • Decree for the pursuer on liability; quantum to be determined at a later hearing.