Dickson v Kinsman & Anor [2013] ScotCS CSOH_111 (09 July 2013)

Dickson v Kinsman & Anor [2013] ScotCS CSOH_111 (09 July 2013)

The first defender failed to keep a proper lookout and did not see the pursuer when he should have, causing the pursuer to brake suddenly to avoid a collision. The pursuer's reaction fell within the agony rule and was not negligent. The defenders are liable and there is no contributory negligence by the pursuer.

Citation
[2013] ScotCS CSOH_111
Parties
Pursuer: Douglas Dickson; First Defender: Stuart Kinsman; Second Defender: Centrica PLC
Jurisdiction
Scotland
Judgment Date
09 July 2013
Procedural Posture
Personal Injuries Action / Proof Restricted to Liability
Outcome
Decree for the pursuer
Legal Topics
Road Traffic Accident, Negligence, Duty of Care, Contributory Negligence, Agony Rule
Tort Personal Injury Delict Road Traffic Accident Negligence Duty of Care Contributory Negligence Agony Rule

Case Brief

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Parties

Douglas Dickson

Pursuer

Stuart Kinsman

First Defender

Centrica PLC

Second Defender

Procedural Posture

Personal Injuries Action / Proof Restricted to Liability

Legal Issues

  1. 1 Whether the first defender was negligent in failing to keep a proper lookout and failing to stop at the give way lines, causing the pursuer to brake suddenly and fall from his bicycle
  2. 2 Whether the pursuer was contributorily negligent in his reaction to the perceived danger

Ratio Decidendi

The first defender failed to keep a proper lookout and did not see the pursuer when he should have, causing the pursuer to brake suddenly to avoid a collision. The pursuer's reaction fell within the agony rule and was not negligent. The defenders are liable and there is no contributory negligence by the pursuer.

Court Disposition

Decree for the pursuer

Orders

  • Decree against the defenders in the sum of £26,000 inclusive of interest to 8 November 2012 and thereafter at 8% per annum until payment.
  • Question of expenses reserved.