Extra Division, Inner House. The pursuer, a child, alighted from a school bus, and, on emerging into the road was hit by a car driven by the defender, suffering serious injury. She now appealed against a finding that she was 90% responsible for her injuries.
Held: The Division allowed the pursuer’s appeal and assessed her contributory negligence instead at 70%.
Judges:
Lord Drummond Yound
Citations:
[2012] ScotCS CSIH – 100, 2013 GWD 3-104, [2012] CSIH 100, 2013 Rep LR 30, 2013 SLT 153
Links:
Statutes:
Law Reform (Contributory Negligence) Act 1945
Citing:
At Outer House – Jackson v Murray SCS 14-Jun-2012
Outer House – (Opinion) The pursuer child came out of a school bus and ran into the road behind it, being hit by a car driven by the defender. The court was asked as to the proprotions of responsibility.
Held: The pursuer was 90% responsible. . .
Cited by:
At Inner House – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.
Scotland, Personal Injury, Negligence
Updated: 12 November 2022; Ref: scu.468833
