Smith v McNair [2008] ScotCS CSOH_154 (07 November 2008)

Smith v McNair [2008] ScotCS CSOH_154 (07 November 2008)

The pursuer failed to prove, on the balance of probabilities, that she sustained a head injury in the accident or that the accident accelerated the onset of her Parkinson's disease. The epidemiological evidence was inconclusive and did not establish causation in this individual case. Only minor damages for soft tissue injuries and anxiety were awarded.

Citation
[2008] ScotCS CSOH_154
Parties
Pursuer: Sarah Smith; Defender: Lorna McNair
Jurisdiction
Scotland
Judgment Date
07 November 2008
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Pursuer's main claim dismissed; minor damages awarded for soft tissue injuries and anxiety disorder.
Legal Topics
Causation, Acceleration of Disease, Epidemiological Evidence, Damages, Head Injury, Parkinson's Disease
Tort Personal Injury Medical Law Causation Acceleration of Disease Epidemiological Evidence Damages Head Injury +1 more

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Parties

Sarah Smith

Pursuer

Lorna McNair

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the road traffic accident accelerated the onset of Parkinson's disease in the pursuer
  2. 2 Whether the pursuer sustained a head injury sufficient to cause or accelerate Parkinson's disease
  3. 3 Whether epidemiological evidence established causation in this individual case

Ratio Decidendi

The pursuer failed to prove, on the balance of probabilities, that she sustained a head injury in the accident or that the accident accelerated the onset of her Parkinson's disease. The epidemiological evidence was inconclusive and did not establish causation in this individual case. Only minor damages for soft tissue injuries and anxiety were awarded.

Court Disposition

Pursuer's main claim dismissed; minor damages awarded for soft tissue injuries and anxiety disorder.

Orders

  • Award of £4,500 for minor injuries inclusive of interest to 30 November 2006.
  • Award of £317 for miscellaneous minor items inclusive of interest.