McNicol v Strathclyde Buses Ltd & Anor [1999] ScotCS 125 (26 May 1999)

McNicol v Strathclyde Buses Ltd & Anor [1999] ScotCS 125 (26 May 1999)

The accident was caused solely by the negligence of the defenders' bus driver, who misjudged the available space and collided with the stationary taxi; there was no fault on the part of the third party taxi driver.

Citation
[1999] ScotCS 125
Parties
Pursuer: Elizabeth Claire McNicol; Defender: Strathclyde Buses Limited; Third Party: James Sweeney
Jurisdiction
Scotland
Judgment Date
26 May 1999
Procedural Posture
Personal Injury Action / Proof on Liability, With Quantification and Contributory Negligence Reserved
Outcome
Liability found solely against the defenders; third party absolved; case to proceed on contributory negligence and quantification of damages.
Legal Topics
Negligence, Apportionment of Liability, Road Traffic Accident, Proof of Liability
Tort Personal Injury Road Traffic Negligence Apportionment of Liability Road Traffic Accident Proof of Liability

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Parties

Elizabeth Claire McNicol

Pursuer

Strathclyde Buses Limited

Defender

James Sweeney

Third Party

Procedural Posture

Personal Injury Action / Proof on Liability, With Quantification and Contributory Negligence Reserved

Legal Issues

  1. 1 Whether the defenders (Strathclyde Buses Limited) are liable in damages to the pursuer for injuries suffered in a road accident
  2. 2 Whether the third party (James Sweeney) was at fault and liable to relieve the defenders of liability

Ratio Decidendi

The accident was caused solely by the negligence of the defenders' bus driver, who misjudged the available space and collided with the stationary taxi; there was no fault on the part of the third party taxi driver.

Court Disposition

Liability found solely against the defenders; third party absolved; case to proceed on contributory negligence and quantification of damages.

Orders

  • Sustain pursuer's first plea-in-law
  • Repel defenders' third, fourth and fifth pleas-in-law