Nimmo v Secretary Of State For Scotland [1999] ScotCS 59 (24 February 1999)
The pursuer was not contributorily negligent because it was reasonable for him to assume the path was clear, and the hazard was not reasonably visible. Damages were assessed at £7,010 based on the severity and permanence of the injury, with reference to comparable cases.
- Citation
- [1999] ScotCS 59
- Parties
- Pursuer: Douglas Nimmo; Defender: The Secretary of State for Scotland
- Jurisdiction
- Scotland
- Judgment Date
- 24 February 1999
- Procedural Posture
- Personal Injury Action / Judgment After Proof (trial) on Damages and Contributory Negligence
- Outcome
- Decree for the pursuer. Defender's pleas repelled. Damages awarded.
- Legal Topics
- Employer's Liability, Contributory Negligence, Assessment of Damages, Solatium
Case Brief
Summary, issues, holding and outcome
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Parties
Douglas Nimmo
Pursuer
The Secretary of State for Scotland
Defender
Procedural Posture
Personal Injury Action / Judgment After Proof (trial) on Damages and Contributory Negligence
Legal Issues
- 1 Whether the pursuer was contributorily negligent in sustaining injury
- 2 Quantum of damages for ankle injury
Ratio Decidendi
The pursuer was not contributorily negligent because it was reasonable for him to assume the path was clear, and the hazard was not reasonably visible. Damages were assessed at £7,010 based on the severity and permanence of the injury, with reference to comparable cases.
Court Disposition
Decree for the pursuer. Defender's pleas repelled. Damages awarded.
Orders
- Pursuer awarded £7,010 in damages, inclusive of agreed services claim and interest.
- Sustain pursuer's first plea in law.
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