DANNY THOMAS RYDER v. THE HIGHLAND COUNCIL [2013] ScotCS CSOH_95 (13 June 2013)

DANNY THOMAS RYDER v. THE HIGHLAND COUNCIL [2013] ScotCS CSOH_95 (13 June 2013)

The defenders' decision not to pre-treat the A99 on the evening of 8 December 2008 was within the range of reasonable decisions open to a roads authority, given the weather forecasts, sensor data, and local knowledge. The defenders' policy of not treating roads between 9pm and 6am was not shown to be negligent in the circumstances. Even if there had been a breach, the pursuer failed to prove that pre-treatment would have prevented the formation of ice at the locus of the accident, as any salt would likely have been washed away by rain. Accordingly, no breach of duty or causation was established.

Citation
[2013] ScotCS CSOH_95
Parties
Pursuer: Danny Thomas Ryder; Defender: The Highland Council
Jurisdiction
Scotland
Judgment Date
13 June 2013
Procedural Posture
Personal Injury/reparation Action / Judgment After Proof (trial)
Outcome
Action dismissed
Legal Topics
Negligence, Duty of Care, Road Maintenance, Local Authority Liability, Causation
Tort Public Law Administrative Law Negligence Duty of Care Road Maintenance Local Authority Liability Causation

Case Brief

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Parties

Danny Thomas Ryder

Pursuer

The Highland Council

Defender

Procedural Posture

Personal Injury/reparation Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders (The Highland Council) breached their duty of care in failing to grit the A99 road prior to the fatal accident.
  2. 2 Whether the defenders' winter maintenance policy, which excluded overnight gritting between 9pm and 6am, was negligent or unreasonable.
  3. 3 Whether any breach of duty by the defenders caused the death of the pursuer's mother.

Ratio Decidendi

The defenders' decision not to pre-treat the A99 on the evening of 8 December 2008 was within the range of reasonable decisions open to a roads authority, given the weather forecasts, sensor data, and local knowledge. The defenders' policy of not treating roads between 9pm and 6am was not shown to be negligent in the circumstances. Even if there had been a breach, the pursuer failed to prove that pre-treatment would have prevented the formation of ice at the locus of the accident, as any salt would likely have been washed away by rain. Accordingly, no breach of duty or causation was established.

Court Disposition

Action dismissed

Orders

  • The pursuer's claim is dismissed.
  • No damages awarded.