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Elsie Hampton & Anthony Stephen Hampton v. First Group plc trading as First Bus [2008] CSOH 59


Personal Injury - Proof:- In this action the pursuers sought damages after the first pursuer was knocked down on Princess Street in Edinburgh on 19 October 2003. The pursuers had been out for dinner together on the Sunday evening in question when they crossed Princes Street at its junction with Lothian Road. The first pursuer was hit by a double-decker bus and suffered serious injuries including two skull fractures, a fracture under her left eye-socket, an intracranial haemorrhage, and an elbow injury. The second pursuer, who witnesses the accident from a short distance away suffered as a result. The pursuers sought damages against the driver of the bus's employers and the case proceeded to a conjoined proof on liability only. Here the court considered whether the pursuers had established the negligence of the bus driver to the requisite standard of proof.