Bellingham & Ors v. Todd [2011] ScotCS CSOH_74 (05 May 2011)

Bellingham & Ors v. Todd [2011] ScotCS CSOH_74 (05 May 2011)

Mr Todd was negligent in braking hard without adequate justification, creating an emergency by his own inattention and failing to adhere to the Highway Code. Mr Bellingham was contributorily negligent by riding far too close to the van, not observing the two-second rule, and thus not allowing sufficient stopping distance. Liability is apportioned 80% to Mr Bellingham and 20% to Mr Todd. Damages are assessed with reference to recent jury awards, but with caution and adjustment for class of relative.

Citation
[2011] ScotCS CSOH_74
Parties
Pursuers: Alison Bellingham & Others; Defender: James Todd
Jurisdiction
Scotland
Judgment Date
05 May 2011
Procedural Posture
Civil Damages for Wrongful Death (negligence) / Judgment After Trial
Outcome
Liability apportioned 80% to Mr Bellingham (deceased) and 20% to Mr Todd; damages awarded as specified.
Legal Topics
Negligence, Contributory Negligence, Damages Assessment, Wrongful Death, Apportionment of Liability
Tort Law Personal Injury Road Traffic Law Negligence Contributory Negligence Damages Assessment Wrongful Death Apportionment of Liability

Case Brief

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Parties

Alison Bellingham & Others

Pursuers

James Todd

Defender

Procedural Posture

Civil Damages for Wrongful Death (negligence) / Judgment After Trial

Legal Issues

  1. 1 Was Mr Todd negligent in his driving, causing the fatal accident?
  2. 2 What is the appropriate apportionment of liability between Mr Todd and Mr Bellingham?
  3. 3 What is the correct valuation of damages for each family member under section 1(4) of the Damages (Scotland) Act 1976?

Ratio Decidendi

Mr Todd was negligent in braking hard without adequate justification, creating an emergency by his own inattention and failing to adhere to the Highway Code. Mr Bellingham was contributorily negligent by riding far too close to the van, not observing the two-second rule, and thus not allowing sufficient stopping distance. Liability is apportioned 80% to Mr Bellingham and 20% to Mr Todd. Damages are assessed with reference to recent jury awards, but with caution and adjustment for class of relative.

Court Disposition

Liability apportioned 80% to Mr Bellingham (deceased) and 20% to Mr Todd; damages awarded as specified.

Orders

  • Case put out By Order for parties to address the correct arithmetic following the decision.
  • Damages awarded: Mrs Alison Bellingham £50,000; Ben Bellingham £25,000; Abbie Bellingham £25,000; Clifford Bellingham £15,000; Mrs Kathleen Bellingham £15,000; Mark Bellingham £10,000; Steven Bellingham £15,000; plus agreed patrimonial losses.