CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER [2019] ScotCS CSOH_14 (12 February 2019)

CASSELLS, DOUGLAS CASSELLS AND ANOTHER AGAINST DAVID W ALLAN, TRADING AS ALLAN'S GROUP, AND ANOTHER [2019] ScotCS CSOH_14 (12 February 2019)

Both the bus driver and the employer were negligent. The driver failed to keep a proper lookout and would have seen Mrs Cassells had he exercised reasonable care. The employer permitted and encouraged the unsafe practice of greeting buses in the car park without adequate safety measures. These failures were material causes of the accident. Mrs Cassells contributed to her own loss by 30%. Liability was apportioned 60% to the first defender and 40% to the second defender.

Citation
[2019] ScotCS CSOH_14
Parties
Pursuer: Douglas Cassells and another; First Defender: David W Allan, trading as Allan’s Group; Second Defender: Another (Second Defender)
Jurisdiction
Scotland
Judgment Date
12 February 2019
Procedural Posture
Personal Injury Action (wrongful Death) / Judgment After Proof (trial)
Outcome
Defenders found jointly and severally liable to make reparation to the pursuers, subject to 30% reduction for contributory negligence.
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Workplace Safety, Risk Assessment, Apportionment of Liability
Tort Health and Safety Employment Negligence Vicarious Liability Contributory Negligence Workplace Safety Risk Assessment +1 more

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Parties

Douglas Cassells and another

Pursuer

David W Allan, trading as Allan’s Group

First Defender

Another (Second Defender)

Second Defender

Procedural Posture

Personal Injury Action (wrongful Death) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the bus driver and/or the employer were negligent
  2. 2 Whether Mrs Cassells contributed to the accident by her own negligence
  3. 3 Whether the employer permitted or encouraged unsafe practices

Ratio Decidendi

Both the bus driver and the employer were negligent. The driver failed to keep a proper lookout and would have seen Mrs Cassells had he exercised reasonable care. The employer permitted and encouraged the unsafe practice of greeting buses in the car park without adequate safety measures. These failures were material causes of the accident. Mrs Cassells contributed to her own loss by 30%. Liability was apportioned 60% to the first defender and 40% to the second defender.

Court Disposition

Defenders found jointly and severally liable to make reparation to the pursuers, subject to 30% reduction for contributory negligence.

Orders

  • Defenders to pay agreed damages to pursuers as per joint minute, less 30% for contributory negligence.
  • Liability apportioned 60% to first defender, 40% to second defender.