DAVID McMAHON AGAINST GAVIN DEAR [2014] ScotCS CSOH_100 (13 June 2014)

DAVID McMAHON AGAINST GAVIN DEAR [2014] ScotCS CSOH_100 (13 June 2014)

The defender played his shot in the ordinary course of play; the risk of being struck by a ball was inherent and accepted by the pursuer; the defender did not breach the duty of care as his actions were within the standard expected of a reasonable competitor.

Citation
[2014] ScotCS CSOH_100
Parties
Pursuer: David McMahon; Defender: Gavin Dear
Jurisdiction
Scotland
Judgment Date
13 June 2014
Procedural Posture
Personal Injury Action / Proof Before Answer
Outcome
Defender assoilzied (absolved); pursuer's claim dismissed
Legal Topics
Negligence, Duty of Care, Assumption of Risk, Contributory Negligence
Tort Personal Injury Sports Law Negligence Duty of Care Assumption of Risk Contributory Negligence

Case Brief

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Parties

David McMahon

Pursuer

Gavin Dear

Defender

Procedural Posture

Personal Injury Action / Proof Before Answer

Legal Issues

  1. 1 Whether the defender owed a duty of care to the pursuer
  2. 2 Whether the defender breached the duty of care
  3. 3 Whether the risk of being struck by a golf ball was accepted by the pursuer

Ratio Decidendi

The defender played his shot in the ordinary course of play; the risk of being struck by a ball was inherent and accepted by the pursuer; the defender did not breach the duty of care as his actions were within the standard expected of a reasonable competitor.

Court Disposition

Defender assoilzied (absolved); pursuer's claim dismissed

Orders

  • No damages awarded
  • No finding of contributory negligence