Ferguson (AP) v Stringfellow [1999] ScotCS 44 (10 February 1999)

Ferguson (AP) v Stringfellow [1999] ScotCS 44 (10 February 1999)

The court found that the most probable explanation was that the safety cage was properly locked and that the accident was caused by Mr Goddard, a companion of the pursuer, deliberately or accidentally releasing the catch during the ride. There was no evidence of negligence or breach of duty by the defender or his staff.

Citation
[1999] ScotCS 44
Parties
Pursuer: Barry Ferguson (AP); Defender: Irvin Stringfellow
Jurisdiction
Scotland
Judgment Date
10 February 1999
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Decree of absolvitor in favour of the defender; pursuer's case dismissed.
Legal Topics
Occupiers' Liability, Negligence, Fairground Accidents, Vicarious Liability
Tort Personal Injury Occupiers' Liability Negligence Fairground Accidents Vicarious Liability

Case Brief

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Parties

Barry Ferguson (AP)

Pursuer

Irvin Stringfellow

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender was at fault for failing to secure the safety restraint on the Sizzler Twist ride
  2. 2 Whether the accident was caused by the pursuer or his companions interfering with the restraint mechanism

Ratio Decidendi

The court found that the most probable explanation was that the safety cage was properly locked and that the accident was caused by Mr Goddard, a companion of the pursuer, deliberately or accidentally releasing the catch during the ride. There was no evidence of negligence or breach of duty by the defender or his staff.

Court Disposition

Decree of absolvitor in favour of the defender; pursuer's case dismissed.

Orders

  • Pursuer's first three pleas repelled
  • Defender's third, fourth and sixth pleas sustained