Crowe v French & Anor [2000] ScotCS 88 (29 March 2000)

Crowe v French & Anor [2000] ScotCS 88 (29 March 2000)

Miss MacLugash, as escort, failed to take reasonable care by allowing an excessive gap to develop between the pursuer's pony and the one in front, resulting in the pursuer's pony breaking into a trot and causing her to fall and sustain injury. The defenders are vicariously liable for this negligence, and the pursuer is entitled to damages.

Citation
[2000] ScotCS 88
Parties
Pursuer: Mrs Irene R. Crowe; Defender: Mr Mark French; Defender: Mrs Rohaise French
Jurisdiction
Scotland
Judgment Date
29 March 2000
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Judgment for the pursuer
Legal Topics
Vicarious Liability, Duty of Care, Standard of Care, Causation, Damages
Tort Personal Injury Negligence Vicarious Liability Duty of Care Standard of Care Causation Damages

Case Brief

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Parties

Mrs Irene R. Crowe

Pursuer

Mr Mark French

Defender

Mrs Rohaise French

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether the escort (Miss MacLugash) failed to take reasonable care for the safety of the pursuer during a pony trek
  2. 2 Whether the defenders are vicariously liable for the negligence of their employee
  3. 3 Whether the pursuer's injury was caused by the negligence of the escort

Ratio Decidendi

Miss MacLugash, as escort, failed to take reasonable care by allowing an excessive gap to develop between the pursuer's pony and the one in front, resulting in the pursuer's pony breaking into a trot and causing her to fall and sustain injury. The defenders are vicariously liable for this negligence, and the pursuer is entitled to damages.

Court Disposition

Judgment for the pursuer

Orders

  • Decree granted in favour of the pursuer for the sum of £30,300
  • Pursuer's first plea-in-law sustained; defenders' pleas repelled