Lyons v WM Morrison Supermarkets PLC [2010] ScotCS CSOH_50 (01 April 2010)

Lyons v WM Morrison Supermarkets PLC [2010] ScotCS CSOH_50 (01 April 2010)

The court accepted the evidence of the pursuer's expert that the workplace accidents materially advanced the onset of chronic low back pain by several years, rejecting the speculative argument that body building would have caused the same outcome. The pursuer is entitled to damages for both the acute and chronic consequences up to the point of a subsequent unrelated injury, but not beyond.

Citation
[2010] ScotCS CSOH_50
Parties
Pursuer: David Lyons; Defender: WM Morrison Supermarkets PLC
Jurisdiction
Scotland
Judgment Date
01 April 2010
Procedural Posture
Personal Injury Claim / Judgment After Proof (trial) on Quantum Only; Liability Admitted
Outcome
Decree for the pursuer for agreed and assessed damages, with interest; expenses reserved.
Legal Topics
Assessment of Damages, Solatium, Aggravation of Pre Existing Condition, Causation, Interest on Damages
Tort Personal Injury Assessment of Damages Solatium Aggravation of Pre Existing Condition Causation Interest on Damages

Case Brief

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Parties

David Lyons

Pursuer

WM Morrison Supermarkets PLC

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof (trial) on Quantum Only; Liability Admitted

Legal Issues

  1. 1 Whether the pursuer's chronic low back pain and associated restrictions are attributable to the workplace accidents or to pre-existing degenerative changes and/or body building activities
  2. 2 Appropriate quantum for solatium (pain and suffering)

Ratio Decidendi

The court accepted the evidence of the pursuer's expert that the workplace accidents materially advanced the onset of chronic low back pain by several years, rejecting the speculative argument that body building would have caused the same outcome. The pursuer is entitled to damages for both the acute and chronic consequences up to the point of a subsequent unrelated injury, but not beyond.

Court Disposition

Decree for the pursuer for agreed and assessed damages, with interest; expenses reserved.

Orders

  • Award of solatium at £5,000 with interest at 4% per annum from 1 January 2006 to date of decree, and thereafter at the judicial rate.
  • Award of net loss of earnings at £592.38 and services at £250, both with interest at 8% per annum from 6 February 2006.