KENNEDY AS AN INDIVIDUAL AND AS EXECUTRIX DATIVE OF THE LATE VINCENT KENNEDY AND OTHERS AGAINST VERONICA MACKENZIE [2017] ScotCS CSOH_118 (06 September 2017))

KENNEDY AS AN INDIVIDUAL AND AS EXECUTRIX DATIVE OF THE LATE VINCENT KENNEDY AND OTHERS AGAINST VERONICA MACKENZIE [2017] ScotCS CSOH_118 (06 September 2017))

The defender failed to discharge the burden of proving that the accident was caused solely by an unusually slippery road surface rather than her own negligence. The absence of similar incidents at the locus, the lack of evidence of a defect or contaminant, and the unreliability of the defender's expert evidence led to the conclusion that the accident was due to driver error and not solely road conditions.

Citation
[2017] ScotCS CSOH_118
Parties
Pursuer: Nina Kennedy as an individual and as Executrix Dative of the late Vincent Kennedy and Others; Defender: Veronica Mackenzie
Jurisdiction
Scotland
Judgment Date
06 September 2017
Procedural Posture
Civil Personal Injury (road Traffic Accident) / Proof on Liability
Outcome
Defender found liable to make reparation to the pursuers for loss, injury and damage sustained as a result of the death of the deceased.
Legal Topics
Negligence, Burden of Proof, Road Traffic Accidents, Inference of Negligence, Expert Evidence
Tort Law Personal Injury Negligence Burden of Proof Road Traffic Accidents Inference of Negligence Expert Evidence

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Parties

Nina Kennedy as an individual and as Executrix Dative of the late Vincent Kennedy and Others

Pursuer

Veronica Mackenzie

Defender

Procedural Posture

Civil Personal Injury (road Traffic Accident) / Proof on Liability

Legal Issues

  1. 1 Whether the defender was negligent in causing the road traffic accident resulting in the death of Vincent Kennedy
  2. 2 Whether the road surface was unusually slippery and the sole cause of the accident, thereby rebutting the inference of negligence

Ratio Decidendi

The defender failed to discharge the burden of proving that the accident was caused solely by an unusually slippery road surface rather than her own negligence. The absence of similar incidents at the locus, the lack of evidence of a defect or contaminant, and the unreliability of the defender's expert evidence led to the conclusion that the accident was due to driver error and not solely road conditions.

Court Disposition

Defender found liable to make reparation to the pursuers for loss, injury and damage sustained as a result of the death of the deceased.

Orders

  • Defender liable in damages to the pursuers.
  • Cause continued for proof on quantum of damages.