Elbuzedi v Tayside Public Transport Company Ltd [2017] ScotCS CSOH_6 (17 January 2017)

Elbuzedi v Tayside Public Transport Company Ltd [2017] ScotCS CSOH_6 (17 January 2017)

The defender's bus driver exercised reasonable care in the circumstances. The pedestrian was stationary before stepping onto the road, and there was insufficient time for the driver to avoid the collision. The only criticism was that the driver could have braked or sounded the horn, but imposing such a standard would be a counsel of perfection. The accident was caused solely by the pedestrian's failure to take proper precautions.

Citation
[2017] ScotCS CSOH_6
Parties
Pursuer: Tessa Till for and on behalf of Ali Elbuzedi; Defender: Tayside Public Transport Company Limited
Jurisdiction
Scotland
Judgment Date
17 January 2017
Procedural Posture
Personal Injury / Proof on Liability
Outcome
defender assoilzied (absolved from liability)
Legal Topics
Road Traffic Accident, Contributory Negligence, Vicarious Liability, Standard of Care
Tort Personal Injury Negligence Road Traffic Accident Contributory Negligence Vicarious Liability Standard of Care

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Parties

Tessa Till for and on behalf of Ali Elbuzedi

Pursuer

Tayside Public Transport Company Limited

Defender

Procedural Posture

Personal Injury / Proof on Liability

Legal Issues

  1. 1 Was the accident caused by negligence of the bus driver?
  2. 2 Did the bus driver exercise reasonable care?
  3. 3 Was there contributory negligence by the pedestrian?

Ratio Decidendi

The defender's bus driver exercised reasonable care in the circumstances. The pedestrian was stationary before stepping onto the road, and there was insufficient time for the driver to avoid the collision. The only criticism was that the driver could have braked or sounded the horn, but imposing such a standard would be a counsel of perfection. The accident was caused solely by the pedestrian's failure to take proper precautions.

Court Disposition

defender assoilzied (absolved from liability)

Orders

  • decree of absolvitor pronounced in favour of defender
  • expenses reserved