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Douglas Dickson v Stuart Kinsman and Centrica Plc, 9 July 2013, [2013] CSOH 111


Proof. The pursuer raised an action for damages for personal injuries sustained when he fell off his bicycle. He averred that, as he approached a junction on his left, the first defender was clearly about to pull out of that junction and into the path of the pursuer. In anticipation of that event, the pursuer braked heavily and fell off his bicycle to his injury. The first defender then stopped with his bonnet slightly over the give way line. The vehicles did not actually collide. The defenders contended that the first defenders actions had not caused the pursuer to fall or that he was contributorily liable. Quantum was agreed. The pursuer led evidence from himself and his wife. The defenders led evidence from a police constable on commission and the first defender. No expert evidence was heard. Decree granted in favour of the pursuer.