MRS. ELAINE TOUMI v. MISS J. CROSSAN [2001] ScotSC 7 (22nd February, 2001)

MRS. ELAINE TOUMI v. MISS J. CROSSAN [2001] ScotSC 7 (22nd February, 2001)

The defender was negligent in failing to ensure a clear view before emerging onto the main road, directly causing the collision and the pursuer's whiplash injury. The pursuer is entitled to recover her insurance excess and solatium for pain and suffering.

Citation
[2001] ScotSC 7
Parties
Pursuer: Mrs Elaine Toumi; Defender: Miss J Crossan
Jurisdiction
Scotland
Procedural Posture
Civil Reparation (personal Injury) / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Negligence, Damages, Solatium, Liability in Road Traffic Accidents
Tort Personal Injury Road Traffic Negligence Damages Solatium Liability in Road Traffic Accidents

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Parties

Mrs Elaine Toumi

Pursuer

Miss J Crossan

Defender

Procedural Posture

Civil Reparation (personal Injury) / Judgment After Proof

Legal Issues

  1. 1 Whether the defender was negligent in emerging onto the main road and causing a collision
  2. 2 Whether the pursuer suffered loss, injury and damage as a result of the defender's negligence
  3. 3 Quantum of damages for whiplash injury and insurance excess

Ratio Decidendi

The defender was negligent in failing to ensure a clear view before emerging onto the main road, directly causing the collision and the pursuer's whiplash injury. The pursuer is entitled to recover her insurance excess and solatium for pain and suffering.

Court Disposition

judgment for pursuer

Orders

  • Defender liable to pursuer for insurance excess of £150
  • Defender liable to pursuer for solatium of £1,750 with interest at 8% per annum from judgment until payment