Smith v. Opportunus Fishing Company Ltd & Ors [2010] ScotCS CSOH_164 (10 December 2010)

Smith v. Opportunus Fishing Company Ltd & Ors [2010] ScotCS CSOH_164 (10 December 2010)

The accident exacerbated the pursuer's headaches for 8 months and caused permanent mild neuropsychological deficits. Payments received during absence were loans and not deductible. The pursuer is entitled to damages for solatium, loss of earnings, loss of earning capacity, and services, with interest.

Citation
[2010] ScotCS CSOH_164
Parties
Pursuer: James Smith; First Defender: Opportunus Fishing Company Ltd; Second Defender: Thistle Marine (Peterhead) Limited; Third Defender: James Buchan
Jurisdiction
Scotland
Judgment Date
10 December 2010
Procedural Posture
Reparation (personal Injury) / Proof on Quantum of Damages After Admission of Liability
Outcome
Decree for payment by the second defenders to the pursuer for £56,694 with interest at the usual rate from decree until payment. First and third defenders assoilzied.
Legal Topics
Damages Assessment, Loss of Earnings, Loss of Earning Capacity, Services Claims, Loan Deductions, Permanent Impairment, Interest on Damages
Personal Injury Maritime Law Employment Law Damages Assessment Loss of Earnings Loss of Earning Capacity Services Claims Loan Deductions +2 more

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Parties

James Smith

Pursuer

Opportunus Fishing Company Ltd

First Defender

Thistle Marine (Peterhead) Limited

Second Defender

James Buchan

Third Defender

Procedural Posture

Reparation (personal Injury) / Proof on Quantum of Damages After Admission of Liability

Legal Issues

  1. 1 Extent to which pursuer's headaches were caused by the accident
  2. 2 Whether neuropsychological difficulties resulted from the accident and are permanent
  3. 3 Proper assessment of damages including solatium, loss of earnings, loss of earning capacity, and services

Ratio Decidendi

The accident exacerbated the pursuer's headaches for 8 months and caused permanent mild neuropsychological deficits. Payments received during absence were loans and not deductible. The pursuer is entitled to damages for solatium, loss of earnings, loss of earning capacity, and services, with interest.

Court Disposition

Decree for payment by the second defenders to the pursuer for £56,694 with interest at the usual rate from decree until payment. First and third defenders assoilzied.

Orders

  • Decree for payment of £56,694 by the second defenders to the pursuer
  • Interest at the usual rate from date of decree until payment