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Peter Rainford v. Aberdeenshire Council [2007] CSOH 127

Description

On the morning of 23 November 2004 the pursuer drove his van eastwards along the A950 and then drove in a southerly direction along the A981. A short distance south of the junction of the two roads he skidded on ice and went off the road whereby he was injured. It was submitted on behalf of the pursuer that the accident was caused by the negligence of the defenders, who were the local roads authority, by virtue of the defenders' statutory duty under section 34 of the Roads (Scotland) Act 1984 and their breach of a common law duty of care. It was accepted on behalf of the defenders that they owed the pursuer a duty of care. Further, it was agreed that the accident was not caused, to any extent, by the pursuer's own fault. The quantification of damages was agreed and the only issue here was whether the defenders were negligent.

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