Stephen Lyons against QBE UK LTD (National Personal Injury Court) [2025] SCEDIN 20 (12 March 2025)

Stephen Lyons against QBE UK LTD (National Personal Injury Court) [2025] SCEDIN 20 (12 March 2025)

The accident was caused to a material extent by the negligence of both Mr Tortolano (Defender's insured driver) and Ms Sands (third party driver). Mr Tortolano breached his duty of reasonable care by failing to slow down or anticipate the possibility of the Astra changing lanes in response to the ambulance, especially given the presence of an emergency vehicle and the imminent end of the dual carriageway. This failure materially contributed to the collision and the Pursuer's injuries. The Pursuer is entitled to damages for his injuries, loss of earnings, and services.

Citation
[2025] SCEDIN 20
Parties
Pursuer: Stephen Lyons; Defender: QBE UK LIMITED
Jurisdiction
Scotland
Judgment Date
12 March 2025
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
Decree for payment in favour of the Pursuer.
Legal Topics
Road Traffic Accident, Negligence, Material Contribution, Apportionment of Liability, Damages
Tort Insurance Law Personal Injury Road Traffic Accident Negligence Material Contribution Apportionment of Liability Damages

Case Brief

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Parties

Stephen Lyons

Pursuer

QBE UK LIMITED

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Whether the Defender's insured driver was negligent and materially contributed to the accident and the Pursuer's injuries
  2. 2 Whether the Pursuer is entitled to damages for personal injury and loss of earnings

Ratio Decidendi

The accident was caused to a material extent by the negligence of both Mr Tortolano (Defender's insured driver) and Ms Sands (third party driver). Mr Tortolano breached his duty of reasonable care by failing to slow down or anticipate the possibility of the Astra changing lanes in response to the ambulance, especially given the presence of an emergency vehicle and the imminent end of the dual carriageway. This failure materially contributed to the collision and the Pursuer's injuries. The Pursuer is entitled to damages for his injuries, loss of earnings, and services.

Court Disposition

Decree for payment in favour of the Pursuer.

Orders

  • Defender to pay the Pursuer £6,008.91 Sterling with interest at 8% per annum from the date of decree until payment.