Anderson v. Warburtons Ltd [2011] ScotCS CSOH_77 (12 May 2011)
Both the pursuer and the defender's driver were at fault; the pursuer's failure to remove her car from danger was a more significant contributory factor than the defender's driver's failure to slow down sufficiently. Liability is apportioned one-third to the defender and two-thirds to the pursuer.
- Citation
- [2011] ScotCS CSOH_77
- Parties
- Pursuer: Margaret Anderson; Defender: Warburtons Limited
- Jurisdiction
- Scotland
- Judgment Date
- 12 May 2011
- Procedural Posture
- Personal Injury Action / Judgment After Proof
- Outcome
- Defenders liable to make payment of one-third of the agreed damages.
- Legal Topics
- Negligence, Contributory Negligence, Apportionment of Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Margaret Anderson
Pursuer
Warburtons Limited
Defender
Procedural Posture
Personal Injury Action / Judgment After Proof
Legal Issues
- 1 Was the accident caused by the fault of the defender's driver?
- 2 Was the pursuer contributorily negligent in causing the accident?
- 3 What is the appropriate apportionment of liability between the parties?
Ratio Decidendi
Both the pursuer and the defender's driver were at fault; the pursuer's failure to remove her car from danger was a more significant contributory factor than the defender's driver's failure to slow down sufficiently. Liability is apportioned one-third to the defender and two-thirds to the pursuer.
Court Disposition
Defenders liable to make payment of one-third of the agreed damages.
Orders
- Defenders to pay one-third of £11,000 inclusive of interest to 15 February 2011, with interest continuing to run until decree.
Full Case Text
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