A cyclist who was injured in a road accident near the Old Course at St Andrews has failed in his appeal against a decree of absolvitor pronounced in favour of the motorist involved in the crash in the Sheriff Appeal Court.
Gordon Wallace sought damages from David Roache and his insurer, Liverpool Victoria Insurance Co Ltd, and argued that the sheriff who originally heard the action had erred in finding that he had not established fault and negligence on the part of the first defender.
The appeal was heard by Sheriff Principal Mhairi Stephen QC, Sheriff Principal Duncan Murray, and Sheriff Principal Derek Pyle. The appellant was represented by Crawford, advocate, and the defenders by Murray, advocate.
Ignored ‘give way’ sign
The accident occurred on 25 July 2018 when the pursuer, described as an “experienced cyclist” was travelling along a cycle route adjacent to the A91 at St Andrews. On that day, the Senior Open Championship was taking place at the Old Course, and another nearby golf course was providing a temporary car park for visitors to the championship. The pursuer was not aware of this fact at the time.
At around 4:45pm the first defender left the car park via a gate near where the cycle path briefly crossed the access road to the course. As he moved forward to gain a line of sight to his left, which was not immediately visible upon exiting the gate due to a hedge, his car was struck by the pursuer’s bicycle. The first defender had been travelling at no more than...
Read Full Story: https://www.scottishlegal.com/article/cyclist-who-ignored-warning-sign-and-collided-with-car-loses-personal-injury-appeal
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