FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_120 (02 December 2021)

FENRIR THORVALDSEN AGAINST DUNDEE CITY COUNCIL [2021] ScotCS CSOH_120 (02 December 2021)

The pursuer suffered a minor head injury and post-concussion syndrome lasting at most 7 weeks, with no proven causation or exacerbation of headaches or depression by the accident; damages are restricted to solatium and necessary services during the post-concussion period.

Citation
[2021] ScotCS CSOH_120
Parties
Pursuer: Fenrir Thorvaldsen; Defenders: Dundee City Council
Jurisdiction
Scotland
Judgment Date
02 December 2021
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Pursuer awarded limited damages for minor head injury and necessary services; all other claims rejected.
Legal Topics
Employer Liability, Personal Injury, Causation of Injury, Damages Assessment
Tort Employment Law Employer Liability Personal Injury Causation of Injury Damages Assessment

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Parties

Fenrir Thorvaldsen

Pursuer

Dundee City Council

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer's headaches and depression were caused or exacerbated by the accident
  2. 2 Extent of damages recoverable for post-concussion syndrome

Ratio Decidendi

The pursuer suffered a minor head injury and post-concussion syndrome lasting at most 7 weeks, with no proven causation or exacerbation of headaches or depression by the accident; damages are restricted to solatium and necessary services during the post-concussion period.

Court Disposition

Pursuer awarded limited damages for minor head injury and necessary services; all other claims rejected.

Orders

  • Award of £5,000 for solatium
  • Award of £250 for necessary services