Little v Glen & Ors [2013] ScotCS CSOH_153 (17 September 2013)
The pursuer failed to take reasonable care for his own safety by crossing the road while intoxicated and not paying attention to approaching vehicles. The first defender was not negligent in using dipped headlights or in his speed, given the road conditions and expert evidence. The accident was caused by the pursuer's actions, not the defender's fault.
- Citation
- [2013] ScotCS CSOH_153
- Parties
- Pursuer: Richard Little; First Defender: Ian Glen; Second Defender: Tradex Insurance Limited
- Jurisdiction
- Scotland
- Judgment Date
- 17 September 2013
- Procedural Posture
- Personal Injury / Proof on Liability
- Outcome
- Action dismissed
- Legal Topics
- Negligence, Contributory Negligence, Duty of Care, Road Traffic Accident, Pedestrian Safety
Case Brief
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Parties
Richard Little
Pursuer
Ian Glen
First Defender
Tradex Insurance Limited
Second Defender
Procedural Posture
Personal Injury / Proof on Liability
Legal Issues
- 1 Whether the first defender was negligent in driving with dipped headlights
- 2 Whether the first defender failed to see the pursuer in sufficient time to avoid collision
- 3 Whether the first defender drove at an excessive speed for the conditions
Ratio Decidendi
The pursuer failed to take reasonable care for his own safety by crossing the road while intoxicated and not paying attention to approaching vehicles. The first defender was not negligent in using dipped headlights or in his speed, given the road conditions and expert evidence. The accident was caused by the pursuer's actions, not the defender's fault.
Court Disposition
Action dismissed
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