Description
On 8 January 2007 the pursuer stepped off a pavement on Great Western Road, Glasgow into a pothole on the road, fell down and suffered an injury to her leg. The case was brought on the basis that the defenders had a duty to take reasonable care to maintain the road in a safe condition for persons who required to cross it. Quantum was agreed at £5,000. The only question at proof was whether or not the pothole had a depth of at least 40mm on the date that an inspection of the road had taken place, namely 27 November 2006. At proof it was the opinion of an expert instructed by the pursuer that due to the measurements of the pothole, and the wearing away of the top layer, and the cracking around it, the pothole was likely to have been in existence and at least 40 mm deep on 27 November 2006. The expert on behalf of the defenders gave evidence that there had been no pothole on 27 November 2006. Here the court considered whether, having regard to all of the evidence led, the pursuer had proved her case.
