Hampton & Anor v First Group Plc (t/a First Bus) [2008] ScotCS CSOH_59 (10 April 2008)

Hampton & Anor v First Group Plc (t/a First Bus) [2008] ScotCS CSOH_59 (10 April 2008)

The pursuers failed to establish, on the balance of probabilities, that the accident was caused by fault or negligence of the bus-driver. The evidence showed the bus-driver was proceeding appropriately with a green light and at a reasonable speed, and the first pursuer unexpectedly stepped into the bus's path, leaving insufficient time to avoid collision.

Citation
[2008] ScotCS CSOH_59
Parties
Pursuer: Elsie Hampton; Pursuer: Anthony Stephen Hampton; Defender: First Group Plc trading as Firstbus
Jurisdiction
Scotland
Judgment Date
10 April 2008
Procedural Posture
Personal Injury / Judgment After Proof Restricted to Liability
Outcome
absolvitor granted; actions dismissed
Legal Topics
Negligence, Road Traffic Accident, Pedestrian Crossing, Contributory Negligence
Tort Personal Injury Negligence Road Traffic Accident Pedestrian Crossing Contributory Negligence

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 1 Party arguments 2
Sign in to unlock

Parties

Elsie Hampton

Pursuer

Anthony Stephen Hampton

Pursuer

First Group Plc trading as Firstbus

Defender

Procedural Posture

Personal Injury / Judgment After Proof Restricted to Liability

Legal Issues

  1. 1 Was the bus-driver negligent in causing injury to the pursuers?
  2. 2 Did the pursuers contribute to the accident by misreading pedestrian signals?

Ratio Decidendi

The pursuers failed to establish, on the balance of probabilities, that the accident was caused by fault or negligence of the bus-driver. The evidence showed the bus-driver was proceeding appropriately with a green light and at a reasonable speed, and the first pursuer unexpectedly stepped into the bus's path, leaving insufficient time to avoid collision.

Court Disposition

absolvitor granted; actions dismissed

Orders

  • Defenders granted absolvitor in each action
  • Questions of expenses reserved