A woman who suffered serious injuries after she was hit by a car crossing a road after a night out with her fiance is set to secure substantial damages.
A judge concluded that the driver of the private hire vehicle was driving in the wrong lane at the time of the accident when his vehicle struck Sandra Cameron in Glasgow.
Lord Tyre ruled that Ifeanyi Nwankwo was in breach of his duty to take reasonable care for the safety of other road users, including the accident victim.
But the judge said that there was also contributory negligence on her part, although Mr Nwankwo was more blameworthy. He assessed her contributory negligence at one third.
Sign up to Glasgow Live newsletters for more headlines straight to your inbox
He said: "Ms Cameron chose to cross a four lane carriageway at a place where there was no traffic light control or central pedestrian refuge.There was a nearby pedestrian crossing at the junction of North Hanover Street and Cathedral Street."
"A little further north, the chevrons in the centre of the road diverted traffic to one side or the other and could have provided a degree of pedestrian protection."
"It was dark and Ms Cameron was wearing black clothing. She moved at a fast walk or slow jog behind vehicles that were stationary at traffic lights. It was common ground that in these circumstances some degree of blame for the accident attached to her," Lord Tyre said in a judgement issued on Friday following an earlier hearing at the Court of Session in Edinburgh.
Following his decision on liability in the proceedings he said a further hearing would be required to determine the level of compensation to be paid in the action seeking a six figure sum.
Lord Tyre said Ms Cameron sustained serious injuries with permanent consequences in the accident which occurred shortly before midnight on April 8 in 2017.
She raised an action suing Mr Nwankwo and his insurers Tradex Insurance. They denied liability and contended the accident was caused or materially contributed by fault on her part.
Her partner Stuart Fyfe, with whom she has two children, is also seeking damages for emotional distress. He was a witness to the accident.
The couple had been dining out with friends before heading towards Killermont Street to get a bus home when the incident occured.
Mr Nwankwo was working part time as a private taxi driver while he was studying for a masters degree. He was driving a Toyota Avensis ferrying two passengers to the bus station at Killermont Street when the collision took place.
