MacIsaac v Mills [2004] ScotSC 70 (28 October 2004)

MacIsaac v Mills [2004] ScotSC 70 (28 October 2004)

Defender was not negligent; she reduced speed appropriately, kept a proper lookout, and could not reasonably have anticipated the child breaking free while under mother's control. No breach of duty of care established.

Citation
[2004] ScotSC 70
Parties
Pursuer: Sheila MacIsaac qua guardian for Calum Angus Langa; Defender: Pauline Mills
Jurisdiction
Scotland
Judgment Date
28 October 2004
Procedural Posture
Personal Injury/reparation / Judgment After Proof on Liability
Outcome
decree of absolvitor in favour of defender
Legal Topics
Negligence, Duty of Care, Contributory Negligence, Child Pedestrian Accident
Tort Personal Injury Road Traffic Negligence Duty of Care Contributory Negligence Child Pedestrian Accident

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Parties

Sheila MacIsaac qua guardian for Calum Angus Langa

Pursuer

Pauline Mills

Defender

Procedural Posture

Personal Injury/reparation / Judgment After Proof on Liability

Legal Issues

  1. 1 Was the defender negligent in causing injury to the pursuer's child?
  2. 2 Did the defender breach her duty of care?
  3. 3 Should the defender have anticipated the risk and stopped or slowed further?

Ratio Decidendi

Defender was not negligent; she reduced speed appropriately, kept a proper lookout, and could not reasonably have anticipated the child breaking free while under mother's control. No breach of duty of care established.

Court Disposition

decree of absolvitor in favour of defender

Orders

  • Repels pursuer's first and second pleas-in-law.
  • Sustains defender's first plea-in-law.