Hutchison v. Boisseau [2006] ScotSC 1 (26 January 2006)

Hutchison v. Boisseau [2006] ScotSC 1 (26 January 2006)

Both parties were negligent: the pursuer failed to adequately consider eastbound traffic before opening his door, creating a hazard, while the defender over-reacted and failed to properly control his vehicle. The defender bore the greater share of responsibility (70%), and the pursuer's damages were reduced by 30% for contributory negligence.

Citation
[2006] ScotSC 1
Parties
Pursuer: John McCartney Hutchison; Defender: Charlie Boisseau
Jurisdiction
Scotland
Judgment Date
26 January 2006
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree for payment in favour of pursuer, damages reduced by 30% for contributory negligence.
Legal Topics
Negligence, Contributory Negligence, Damages, Road Traffic Accident
Tort Road Traffic Negligence Contributory Negligence Damages Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

John McCartney Hutchison

Pursuer

Charlie Boisseau

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defender was negligent in colliding with the pursuer's car door
  2. 2 Whether the pursuer was contributorily negligent in creating a hazard for eastbound traffic
  3. 3 Assessment of damages and reduction for contributory negligence

Ratio Decidendi

Both parties were negligent: the pursuer failed to adequately consider eastbound traffic before opening his door, creating a hazard, while the defender over-reacted and failed to properly control his vehicle. The defender bore the greater share of responsibility (70%), and the pursuer's damages were reduced by 30% for contributory negligence.

Court Disposition

Decree for payment in favour of pursuer, damages reduced by 30% for contributory negligence.

Orders

  • Defender to pay pursuer £1,032.14 with interest at 8% per annum from 29 March 2004 until payment.
  • Parties to be heard on the question of expenses on 13 February 2006.