Allen Woodhouse Against Lochs And Glens (transport) Limited
| Jurisdiction | Scotland |
| Judge | Lord Glennie |
| Neutral Citation | [2019] CSOH 105 |
| Docket Number | PD59/18 |
| Date | 18 December 2019 |
| Court | Court of Session |
| Published date | 18 December 2019 |
OUTER HOUSE, COURT OF SESSION
[2019] CSOH 105
PD59/18
OPINION OF LORD GLENNIE
In the cause
ALLEN WOODHOUSE
Pursuer
against
LOCHS AND GLENS (TRANSPORT) LTD
Defenders
Pursuer: Milligan QC, Crawford; Digby Brown LLP
Defenders: Primrose QC, Middleton; Brodies LLP
18 December 2019
Introduction
[1] The pursuer was a passenger on a Volvo coach owned and/or operated by the
defenders. He was one of 51 passengers. On 26 March 2015, at around 2pm, while the coach
was being driven in a northerly direction on the A83 between Arrochar and Cairndow, at or
near a stretch of road known as “Rest and Be Thankful” and some 700 metres or so north of
the junction between the A83 and the B828, it left the road to the left, went down an
embankment towards Loch Restil, rolling over once in the process, and came to halt in an
upright position just short of the loch. A number of passengers were injured, including the
pursuer. The driver of the coach, who was an employee of the defenders, was also injured.
2
[2] The pursuer sues for damages, alleging that the accident was caused by the
negligence of the defenders. Quantum has been agreed in the sum of £15,000, inclusive of
interest up to the first day of the proof. Though the sum sued for in this action is relatively
modest, the action has been vigorously contested, no doubt because a decision on liability in
this case is likely to assist in the resolution of claims by others who were injured in the
accident. Because of its wider significance in this respect, this action, though initially
brought in the Sheriff Court, was transferred from that court to the Court of Session.
The witnesses
[3] Factual evidence about the accident and the period leading up to it was led from the
coach driver (Elizabeth Gallon), three of the passengers on the coach (Ronald Radmore,
Michael Long and Dawn Godwin), the driver of another car (Douglas McArthur) and two
police officers involved in road policing (PC Sam Lawrie and Inspector Adam McKenzie,
now retired) who attended the scene within about 30 minutes after the accident. I was
satisfied that all were doing their best to describe what happened, as they saw it, but, as I
explain when going through the facts, the accuracy of their evidence as to the details of what
happened cannot be so readily accepted in all respects.
[4] I also heard from a number of expert witnesses. Each party called an accident
investigator, Graham Greatrix for the pursuer and Christina Holland for the defenders.
They approached the matter in somewhat different ways, Mr Greatrix bringing more
practical experience to bear while Ms Holland tended to be more theoretical. As their
evidence developed, there was little between them on many of the relevant issues. Both
were well-qualified to give their evidence; their qualifications were not challenged. I formed
the view that both gave their evidence honestly. I initially had some doubts about whether
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