JAMES SMITH v. MRS ROSSLYN FOWLER [2012] ScotSC 82 (25 July 2012)

JAMES SMITH v. MRS ROSSLYN FOWLER [2012] ScotSC 82 (25 July 2012)

The accident was caused solely by the defender's failure to take reasonable care when turning right across oncoming traffic, in breach of the Highway Code. The pursuer was driving appropriately and was not contributorily negligent. The defender is fully liable for the pursuer's loss and damage.

Citation
[2012] ScotSC 82
Parties
Pursuer: James Smith; Defender: Mrs Rosslyn Fowler
Jurisdiction
Scotland
Judgment Date
25 July 2012
Procedural Posture
Civil (road Traffic Accident Claim) / Judgment After Proof (trial)
Outcome
Defender found liable; decree for payment in favour of pursuer; counterclaim dismissed.
Legal Topics
Negligence, Liability in Road Traffic Accidents, Contributory Negligence, Damages
Tort Road Traffic Law Negligence Liability in Road Traffic Accidents Contributory Negligence Damages

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Parties

James Smith

Pursuer

Mrs Rosslyn Fowler

Defender

Procedural Posture

Civil (road Traffic Accident Claim) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the accident was caused by the fault and negligence of the defender
  2. 2 Whether the pursuer was contributorily negligent
  3. 3 Whether the pursuer is entitled to damages and interest

Ratio Decidendi

The accident was caused solely by the defender's failure to take reasonable care when turning right across oncoming traffic, in breach of the Highway Code. The pursuer was driving appropriately and was not contributorily negligent. The defender is fully liable for the pursuer's loss and damage.

Court Disposition

Defender found liable; decree for payment in favour of pursuer; counterclaim dismissed.

Orders

  • Defender to pay pursuer £3,150 sterling with interest at 8% per annum from 6 June 2007 until payment.
  • Defender to pay pursuer's expenses of the action.