John Mcintosh Against (one) Aviva Insurance Uk Limited; And (two) Craig Thomson
| Jurisdiction | Scotland |
| Judge | Sheriff Kathrine E C Mackie |
| Neutral Citation | [2018] SC EDIN 2 |
| Court | Sheriff Personal Injury Court (Scotland - United Kingdom) |
| Docket Number | PN1050-16 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
IN THE ALL SCOTLAND SHERIFF PERSONAL INJURY COURT
[2018] SC EDIN 2
PN1050-16
JUDGMENT OF SHERIFF KATHRINE E C MACKIE
In the cause
JOHN McINTOSH
Pursuer
Against
(ONE) AVIVA INSURANCE UK LIMITED;
(TWO) CRAIG THOMSON
Defenders
Pursuer: Pilkington; NewLaw Scotland, Glasgow
Defenders: Macpherson; Clyde & Co Solicitors, Edinburgh
Edinburgh, December 2017
The Sheriff having resumed consideration of the cause finds the following facts admitted or
proved:-
[1] The parties are as designed in the instance. The pursuer was born on 9 July 1973. He
is employed as an operator with Mackies of Scotland Ice cream manufacturers at their
premises in Rothienorman.
[2] On 11 June 2013 the pursuer was riding his Yamaha 850cc motor cycle registration
number R263 UYB in a southerly direction from Fyvie, Aberdeenshire, to his place of
employment. He was travelling on an unclassified road near the Mill of Burns Farm. The
road is a two way undivided carriageway with no road markings.
[3] The second defender (Mr Thomson) is aged 33 years. He is employed as a data
installer. At the time of the accident he was studying at Dundee College for an HND.
2
During his vacation from college he engaged with an agency who placed him with
Ravensby Glass as a driver. He had been employed as a driver previously and had in total
about 3 ½ years’ experience of driving heavy goods vehicles. On the day of the accident he
was driving a Mercedes heavy goods vehicle registration number SV02 JXM (the lorry) in a
northerly direction on the same road as the pursuer. At about 11.40am on a bend close to
the entrance to said farm a collision occurred between the two vehicles.
[4] The first defenders are the insurers of the said lorry.
[5] The pursuer owned the said Yamaha motor cycle for about 3 months prior to the
accident. Before that he had owned a 500cc motor cycle for about 3 or 4 years. He obtained
a full driving licence to ride motor cycles in 2010 having undertaken about 12 lessons and
passed both theory and practical tests which included in particular safe braking operation.
The pursuer also holds a licence to drive motor cars and owns a motor car. In good weather
during Spring and Summer the pursuer would use his motor cycle to travel to and from
work. If the weather was inclement and during winter the pursuer would use his motor car.
On 11 June 2013 the weather was dry and sunny.
[6] The pursuer has no convictions for speeding offences. He has not been involved in
any previous accidents.
[7] The pursuer was familiar with the said road. At that time he worked Mondays to
Thursdays and occasionally on Fridays. He was not in a hurry. He used the road to travel
to and from work. He was used to meeting other road users, mainly motor cars but also
farm vehicles and lorries similar to that driven by Mr Thomson. Mr Thomson had not
driven the road before.
[8] The width of the tarmac surface of the road was 4.4 metres. Traffic travelling in each
direction had 2.2 metres of tarmac available. The width of the lorry was 2.5 metres
including the front cab and box trailer, and 2.6 metres including the mirrors. Even if the
To continue reading
Request your trial