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Personal Injury – Liability – Contributory negligence. Court of Session: In an action in which a pedestrian sought reparation for injuries sustained in a road traffic accident, having been struck by a van driven by the first defender as she was crossing a road from behind a bus, the court, after holding that the defender failed to take reasonable care as he approached the locus of the accident and that had he reduced his speed to one which the court considered reasonable in the circumstances then the accident would have been avoided, concluded that a 50-50 apportionment of liability between the pursuer and the defenders was appropriate.
Personal Injury – Liability – Contributory negligence. Court of Session: In an action in which a pedestrian sought reparation for injuries sustained in a road traffic accident, having been struck by a van driven by the first defender as she was crossing a road from behind a bus, the court, after holding that the defender failed to take reasonable care as he approached the locus of the accident and that had he reduced his speed to one which the court considered reasonable in the circumstances then the accident would have been avoided, concluded that a 50-50 apportionment of liability between the pursuer and the defenders was appropriate.
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