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Anthony Brookes v. First Aberdeen Limited [2010] CSOH 16


Proof:- On 27 January 2006, the pursuer, a 45 year old man at the time of the incident, was driving his scooter in Aberdeen when he lost control, fell and was injured. It was the pursuer's contention that the accident was caused by a bus operated by the defenders, and driven by one of their employees acting in the course of his employment, travelling in the opposite direction to the pursuer which caused him to fall off. During the course of his evidence the pursuer stated that the bus was being driven northwards in the southbound lane towards him which required him to take evasive action and led to his loss of control. The defenders stated that the driver of the bus was driving northwards at a speed of 20 mph and there was a row of parked cars on his left which he required to overtake by straddling the white lines in the centre of the road, and the pursuer was travelling in the centre of the southbound lane, passed the front of the bus and at some point lost control of his scooter. It was further contended on behalf of the defenders that the pursuer could either have waited to allow the bus to pass him or proceeded with care into an available space on his side of the road to let the bus pass. Here the court considered, having regard to the evidence led on behalf of both parties, whether the driver of the bus was negligent at the material time and liable to the pursuer for damages.