Smith v Bluebird Buses Ltd [2014] ScotCS CSOH_75 (25 April 2014)

Smith v Bluebird Buses Ltd [2014] ScotCS CSOH_75 (25 April 2014)

The bus driver was negligent in not stopping the bus when it was reasonably foreseeable that the pursuer, standing in an exposed position, would attempt to cross to safety, but the pursuer's own actions in crossing away from a pedestrian crossing, failing to look, and moving suddenly into the path of the bus made him primarily responsible. Contributory negligence assessed at 85%.

Citation
[2014] ScotCS CSOH_75
Parties
Pursuer: Kyle Smith; Defender: Bluebird Buses Limited
Jurisdiction
Scotland
Judgment Date
25 April 2014
Procedural Posture
Personal Injury Action / Judgment After Proof Restricted to Liability and Contributory Negligence; Quantum Agreed
Outcome
Defender found liable to pursuer, but with 85% contributory negligence attributed to pursuer.
Legal Topics
Negligence, Contributory Negligence, Pedestrian Road Accidents, Duty of Care
Tort Personal Injury Road Traffic Law Negligence Contributory Negligence Pedestrian Road Accidents Duty of Care

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Parties

Kyle Smith

Pursuer

Bluebird Buses Limited

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof Restricted to Liability and Contributory Negligence; Quantum Agreed

Legal Issues

  1. 1 Whether the bus driver was negligent in failing to avoid the collision with the pedestrian
  2. 2 Whether and to what extent the pursuer was contributorily negligent

Ratio Decidendi

The bus driver was negligent in not stopping the bus when it was reasonably foreseeable that the pursuer, standing in an exposed position, would attempt to cross to safety, but the pursuer's own actions in crossing away from a pedestrian crossing, failing to look, and moving suddenly into the path of the bus made him primarily responsible. Contributory negligence assessed at 85%.

Court Disposition

Defender found liable to pursuer, but with 85% contributory negligence attributed to pursuer.

Orders

  • Award of damages to pursuer in the sum of £3,750 with interest from 19 March 2014 at 4% per annum.
  • Issue of expenses reserved.