Thorpe v. Aberdeen City Council [2007] ScotSC 29 (22 June 2007)

The defenders failed to exercise reasonable care in inspecting and maintaining the pavement, resulting in a dangerous defect that caused the pursuer's injury. The pursuer contributed to the accident by turning around immediately before the fall, justifying a 20% reduction in damages for contributory negligence.

Citation: [2007] ScotSC 29
Parties: Pursuer: Trevor Francis Thorpe; Defenders: Aberdeen City Council
Jurisdiction: Scotland
Judgment Date: 22 June 2007
Procedural Posture: Personal Injury Action / Judgment After Proof
Outcome: Decree for the pursuer, with damages reduced by 20% for contributory negligence.
Legal Topics: Negligence, Contributory Negligence, Statutory Duty, Local Authority Liability, Personal Injury

Tort Public Liability Negligence Contributory Negligence Statutory Duty Local Authority Liability Personal Injury

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Parties

Trevor Francis Thorpe

Pursuer

Aberdeen City Council

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

1 Whether the defenders were negligent and in breach of statutory duty in failing to repair the pavement
2 Whether the pursuer was contributorily negligent

Ratio Decidendi

Court Disposition

Decree for the pursuer, with damages reduced by 20% for contributory negligence.

Orders

Payment by the defenders to the pursuer of £10,000 sterling with interest at 8% per annum from date of decree until payment
Defenders found liable to the pursuer in expenses