McKENZIE, MORAG McKENZIE AND OTHERS AGAINST (FIRST) ASDA GROUP LIMITED AND (SECOND) DHL SERVICES LIMITED [2018] ScotCS CSOH_102 (23 October 2018)

McKENZIE, MORAG McKENZIE AND OTHERS AGAINST (FIRST) ASDA GROUP LIMITED AND (SECOND) DHL SERVICES LIMITED [2018] ScotCS CSOH_102 (23 October 2018)

Both Mr McKenzie and Mr Robertson were negligent and their respective employers are vicariously liable. Mr McKenzie failed to take reasonable care when turning onto and off the A977, and Mr Robertson undertook a hazardous overtaking manoeuvre. Liability is apportioned 75% to ASDA Group Ltd and 25% to DHL Services Ltd. The claims by the second and third pursuers are not pure economic loss and are recoverable.

Citation
[2018] ScotCS CSOH_102
Parties
Pursuers: Morag McKenzie and Others; First Defender: ASDA Group Ltd; Second Defender: DHL Services Ltd
Jurisdiction
Scotland
Judgment Date
23 October 2018
Procedural Posture
Civil Damages (personal Injury/property Damage) / Judgment After Proof (trial)
Outcome
Judgment for the pursuers with damages awarded as agreed in the joint minute; liability apportioned 75% to ASDA Group Ltd and 25% to DHL Services Ltd.
Legal Topics
Road Traffic Accident, Vicarious Liability, Apportionment of Liability, Damages, Duty of Care
Tort Personal Injury Negligence Road Traffic Accident Vicarious Liability Apportionment of Liability Damages Duty of Care

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Parties

Morag McKenzie and Others

Pursuers

ASDA Group Ltd

First Defender

DHL Services Ltd

Second Defender

Procedural Posture

Civil Damages (personal Injury/property Damage) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Mr McKenzie (ASDA driver) and Mr Robertson (DHL driver) were negligent
  2. 2 Whether both defenders are vicariously liable for their drivers' actions
  3. 3 Apportionment of liability between the defenders

Ratio Decidendi

Both Mr McKenzie and Mr Robertson were negligent and their respective employers are vicariously liable. Mr McKenzie failed to take reasonable care when turning onto and off the A977, and Mr Robertson undertook a hazardous overtaking manoeuvre. Liability is apportioned 75% to ASDA Group Ltd and 25% to DHL Services Ltd. The claims by the second and third pursuers are not pure economic loss and are recoverable.

Court Disposition

Judgment for the pursuers with damages awarded as agreed in the joint minute; liability apportioned 75% to ASDA Group Ltd and 25% to DHL Services Ltd.

Orders

  • Award of damages: £75,000 to the first pursuer, £20,000 to the second pursuer, £5,000 to the third pursuer
  • Certification of skilled witnesses for the pursuers