ABU MOHAMMED (FORMERLY IVOR MOWAT) (AP) v. BLUEBIRD BUSES LIMITED [2011] ScotSC 149 (08 September 2011)

ABU MOHAMMED (FORMERLY IVOR MOWAT) (AP) v. BLUEBIRD BUSES LIMITED [2011] ScotSC 149 (08 September 2011)

The pursuer failed to prove, on the balance of probabilities, that he suffered any injury as a result of the accident or while alighting from the bus. The court found the pursuer's evidence not credible or reliable and preferred the evidence of the defenders' witnesses. Accordingly, the defenders are assoilzied from the craves of the initial writ.

Citation
[2011] ScotSC 149
Parties
Pursuer: Abu Mohammed (formerly Ivor Mowat); Defender: Bluebird Buses Limited
Jurisdiction
Scotland
Judgment Date
08 September 2011
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
Defenders assoilzied; pursuer's claim dismissed with expenses awarded to defenders.
Legal Topics
Negligence, Causation, Damages, Credibility of Witnesses
Tort Personal Injury Negligence Causation Damages Credibility of Witnesses

Case Brief

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Parties

Abu Mohammed (formerly Ivor Mowat)

Pursuer

Bluebird Buses Limited

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer sustained injury as a result of the bus accident or while alighting from the bus
  2. 2 Whether the defenders are liable for any such injury

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that he suffered any injury as a result of the accident or while alighting from the bus. The court found the pursuer's evidence not credible or reliable and preferred the evidence of the defenders' witnesses. Accordingly, the defenders are assoilzied from the craves of the initial writ.

Court Disposition

Defenders assoilzied; pursuer's claim dismissed with expenses awarded to defenders.

Orders

  • Repels the pursuer's pleas in law.
  • Upholds the defenders' 3rd and 4th pleas in law.