SANDRA CAMERON AND ANOTHER AGAINST IFEANYI NWANKWO AND ANOTHER [2022] ScotCS CSOH_7 (21 January 2022)

SANDRA CAMERON AND ANOTHER AGAINST IFEANYI NWANKWO AND ANOTHER [2022] ScotCS CSOH_7 (21 January 2022)

The defender was driving in the wrong lane at the time of the accident, constituting a breach of duty of care. The defender's speed, while above the limit, was not in itself negligent in the circumstances. The pursuer was contributorily negligent by crossing at an unsafe location and wearing dark clothing at night. Liability is apportioned two-thirds to the defender and one-third to the pursuer.

Citation
[2022] ScotCS CSOH_7
Parties
Pursuer: Sandra Cameron; Pursuer: Stuart Fyfe; Defender: Ifeanyi Nwankwo; Defender: Tradex Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
21 January 2022
Procedural Posture
Personal Injury Action / Proof Before Answer Restricted to Liability
Outcome
Liability apportioned; defender found liable subject to one-third contributory negligence by pursuer.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Breach of Duty, Road Traffic Accident
Tort Personal Injury Road Traffic Negligence Contributory Negligence Duty of Care Breach of Duty Road Traffic Accident

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Parties

Sandra Cameron

Pursuer

Stuart Fyfe

Pursuer

Ifeanyi Nwankwo

Defender

Tradex Insurance Company Limited

Defender

Procedural Posture

Personal Injury Action / Proof Before Answer Restricted to Liability

Legal Issues

  1. 1 Whether the defender was driving in the wrong lane at the time of the accident
  2. 2 Whether the defender was driving at excessive speed
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defender was driving in the wrong lane at the time of the accident, constituting a breach of duty of care. The defender's speed, while above the limit, was not in itself negligent in the circumstances. The pursuer was contributorily negligent by crossing at an unsafe location and wearing dark clothing at night. Liability is apportioned two-thirds to the defender and one-third to the pursuer.

Court Disposition

Liability apportioned; defender found liable subject to one-third contributory negligence by pursuer.

Orders

  • Case to proceed to proof on quantum; interlocutor to be pronounced after further submissions if required.