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Is an accident concerning an elderly lady being hit by a mobility scooter in the fruit and vegetable aisle of a Tesco superstore a “road traffic accident” under CPR 45.7 (now CPR 47.9) such that fixed predictive costs apply; a road traffic accident being defined as:
“an accident resulting in bodily injury to any person or damage to property caused by or arising out of the use of a motor vehicle on a road or other public place”
“‘motor vehicle’ means a mechanically propelled vehicle intended for use on roads”
“‘road’ means any highway and any other road to which the public has access and includes bridges over which a road passes.”
Yes, said Deputy District Judge Dawson in Scott v Malcolm (Liverpool County Court, 5 April 2013).
Thanks to Patrick Driscoll at Shakespeares for providing a copy of the judgment.