RECLAIMING MOTION BY ALLEN WOODHOUSE AGAINST LOCHS AND GLENS (TRANSPORT) LTD [2020] ScotCS CSIH_67 (30 October 2020)

RECLAIMING MOTION BY ALLEN WOODHOUSE AGAINST LOCHS AND GLENS (TRANSPORT) LTD [2020] ScotCS CSIH_67 (30 October 2020)

The defenders failed to rebut the prima facie inference of negligence arising from the bus leaving the road in foreseeable windy conditions. The driver drove at a speed she herself considered unsafe for the conditions, failed to adapt her driving, and lost control. The accident was not inevitable and would have been avoided at a lower speed. The Lord Ordinary misapplied res ipsa loquitur and misunderstood the evidence. Negligence was established.

Citation
[2020] ScotCS CSIH_67
Parties
Pursuer and Reclaimer: Allen Woodhouse; Defenders and Respondents: Lochs and Glens (Transport) Ltd
Jurisdiction
Scotland
Judgment Date
30 October 2020
Procedural Posture
Reclaiming Motion (appeal) / Appeal Decision by Inner House, Court of Session
Outcome
Reclaiming motion allowed; interlocutor recalled; defenders found liable.
Legal Topics
Negligence, Res Ipsa Loquitur, Damnum Fatale, Road Traffic Accident, Employer Liability
Tort Personal Injury Delict Negligence Res Ipsa Loquitur Damnum Fatale Road Traffic Accident Employer Liability

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Parties

Allen Woodhouse

Pursuer and Reclaimer

Lochs and Glens (Transport) Ltd

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Appeal Decision by Inner House, Court of Session

Legal Issues

  1. 1 Whether the driver of the bus was negligent in the circumstances of the accident
  2. 2 Whether the maxim res ipsa loquitur applies to shift the burden of proof to the defenders
  3. 3 Whether the defenders proved a non-negligent explanation for the accident

Ratio Decidendi

The defenders failed to rebut the prima facie inference of negligence arising from the bus leaving the road in foreseeable windy conditions. The driver drove at a speed she herself considered unsafe for the conditions, failed to adapt her driving, and lost control. The accident was not inevitable and would have been avoided at a lower speed. The Lord Ordinary misapplied res ipsa loquitur and misunderstood the evidence. Negligence was established.

Court Disposition

Reclaiming motion allowed; interlocutor recalled; defenders found liable.

Orders

  • Defenders to make reparation to pursuer for accident of 26 March 2015.
  • Sum of £15,000 awarded to pursuer, with interest at judicial rate from 30 October 2019.