Whyte v Bluebird Buses Ltd [2015] ScotCS CSOH_56 (08 May 2015)

Whyte v Bluebird Buses Ltd [2015] ScotCS CSOH_56 (08 May 2015)

The defenders' driver was negligent in driving the bus so close to the kerb that it struck the pursuer, who was standing on the pavement. The pursuer was not contributorily negligent, given his age and position wholly on the pavement. The agreed sum of damages is awarded.

Citation
[2015] ScotCS CSOH_56
Parties
Pursuer: Ian Whyte; Defenders: Bluebird Buses Limited
Jurisdiction
Scotland
Judgment Date
08 May 2015
Procedural Posture
Personal Injury Reparation / Judgment After Proof
Outcome
Decree for pursuer
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Road Traffic Accidents, Standard of Care for Drivers
Tort Personal Injury Negligence Duty of Care Contributory Negligence Road Traffic Accidents Standard of Care for Drivers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ian Whyte

Pursuer

Bluebird Buses Limited

Defenders

Procedural Posture

Personal Injury Reparation / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders' bus was driven negligently so as to strike the pursuer while he was on the pavement
  2. 2 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders' driver was negligent in driving the bus so close to the kerb that it struck the pursuer, who was standing on the pavement. The pursuer was not contributorily negligent, given his age and position wholly on the pavement. The agreed sum of damages is awarded.

Court Disposition

Decree for pursuer

Orders

  • Decree for agreed sum of £8,000 in favour of the pursuer
  • Expenses reserved