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George Johnston v. Edinburgh District Council [2007] CSOH 171


Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was the pursuer's position in evidence that he was ahead of the bus and, when he reached the junction, saw nothing coming and went round to his left. The pursuer said that the bus followed him, tried to overtake and cut him off, forcing him to jump from his bike at which time the bus struck him. Conversely, the bus driver claimed that he was in front of the cycle and stopped at the junction. The bus driver then describes the cyclist as he tried to come up the nearside kerb and hit the bus causing the cyclist to a fall from his cycle. The court decided the merits of the case by considering the credibility of the pursuer and the drivers' evidence.