JAMES GORDON, Pursuer AGAINST S & B REMOVALS LTD t/a AZTEC REMOVALS, Defenders [2014] ScotSC 93 (22 October 2014)

JAMES GORDON, Pursuer AGAINST S & B REMOVALS LTD t/a AZTEC REMOVALS, Defenders [2014] ScotSC 93 (22 October 2014)

The pursuer failed to prove, on the balance of probabilities, that he suffered injury (physical or psychiatric) as a result of the accident caused by the defender's negligence. The court found the pursuer's evidence unreliable and unsupported by contemporaneous medical records. Accordingly, no damages were awarded.

Citation
[2014] ScotSC 93
Parties
Pursuer: James Gordon; Defender: S & B Removals Ltd t/a Aztec Removals
Jurisdiction
Scotland
Judgment Date
22 October 2014
Procedural Posture
Personal Injury (road Traffic Accident) / Final Judgment After Proof
Outcome
Defender assoilzied (absolved) from the craves of the Initial Writ; pursuer found liable in expenses.
Legal Topics
Negligence, Causation, Damages, Road Traffic Accident, Credibility of Witnesses, Quantum of Damages
Tort Personal Injury Civil Procedure Negligence Causation Damages Road Traffic Accident Credibility of Witnesses +1 more

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Parties

James Gordon

Pursuer

S & B Removals Ltd t/a Aztec Removals

Defender

Procedural Posture

Personal Injury (road Traffic Accident) / Final Judgment After Proof

Legal Issues

  1. 1 Who was at fault for the accident?
  2. 2 Did the pursuer suffer injury as a result of the accident?
  3. 3 What is the value of the pursuer’s claim if liability and causation are established?

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that he suffered injury (physical or psychiatric) as a result of the accident caused by the defender's negligence. The court found the pursuer's evidence unreliable and unsupported by contemporaneous medical records. Accordingly, no damages were awarded.

Court Disposition

Defender assoilzied (absolved) from the craves of the Initial Writ; pursuer found liable in expenses.

Orders

  • Defender absolved from liability;
  • Pursuer to pay defender's expenses;