Cowling v Liverpool Victorial Insurance Company Ltd [2013] ScotCS CSOH_49 (26 March 2013)

Cowling v Liverpool Victorial Insurance Company Ltd [2013] ScotCS CSOH_49 (26 March 2013)

The defender's insured was not negligent in the circumstances; the Astra was not an obstruction negligently caused, and there was sufficient space for the pursuer to pass. The pursuer failed to drive at a speed appropriate for the icy conditions and lost control of his vehicle, which was the operative cause of the accident. The defender is not liable.

Citation
[2013] ScotCS CSOH_49
Parties
Pursuer: Anthony Cowling; Defender: Liverpool Victoria Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
26 March 2013
Procedural Posture
Civil Damages (road Traffic Accident) / Judgment After Proof (trial) on Liability Only; Quantum Agreed
Outcome
Defenders assoilzied (absolved from liability)
Legal Topics
Negligence, Contributory Negligence, Obstruction on Highway, Liability in Road Traffic Accidents
Tort Insurance Law Road Traffic Law Negligence Contributory Negligence Obstruction on Highway Liability in Road Traffic Accidents

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Parties

Anthony Cowling

Pursuer

Liverpool Victoria Insurance Company Limited

Defender

Procedural Posture

Civil Damages (road Traffic Accident) / Judgment After Proof (trial) on Liability Only; Quantum Agreed

Legal Issues

  1. 1 Whether the defender's insured was negligent in parking his vehicle so as to cause an obstruction in icy conditions
  2. 2 Whether the pursuer was contributorily negligent in the manner of his driving given the road and weather conditions

Ratio Decidendi

The defender's insured was not negligent in the circumstances; the Astra was not an obstruction negligently caused, and there was sufficient space for the pursuer to pass. The pursuer failed to drive at a speed appropriate for the icy conditions and lost control of his vehicle, which was the operative cause of the accident. The defender is not liable.

Court Disposition

Defenders assoilzied (absolved from liability)

Orders

  • Action dismissed
  • No decree for payment against the defenders