Gordon v British Airways Plc [1999] ScotCS 169 (9 July 1999)

Gordon v British Airways Plc [1999] ScotCS 169 (9 July 1999)

The pursuer failed to establish, on the balance of probabilities, that he suffered an accident at work in the manner claimed or that any defect in equipment existed or caused his injury. There was no breach of duty by the defenders, either at common law or under statutory regulations, and no causal link between any alleged breach and the injury. The pursuer's account was not accepted as credible or reliable.

Citation
[1999] ScotCS 169
Parties
Pursuer: Ronald McFaull Gordon; Defenders: British Airways Plc
Jurisdiction
Scotland
Judgment Date
09 July 1999
Procedural Posture
Personal Injury/reparation Action / Proof Before Answer on Liability
Outcome
Action dismissed; defenders assoilzied (absolved)
Legal Topics
Employer's Liability, Workplace Injury, Manual Handling, Defective Equipment, Breach of Statutory Duty, Causation, Contributory Negligence
Tort Employment Law Health and Safety Employer's Liability Workplace Injury Manual Handling Defective Equipment Breach of Statutory Duty +2 more

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Parties

Ronald McFaull Gordon

Pursuer

British Airways Plc

Defenders

Procedural Posture

Personal Injury/reparation Action / Proof Before Answer on Liability

Legal Issues

  1. 1 Whether the pursuer suffered an accident at work as claimed
  2. 2 Whether the defenders breached their duty of care or statutory duties
  3. 3 Whether any breach caused the pursuer's injury

Ratio Decidendi

The pursuer failed to establish, on the balance of probabilities, that he suffered an accident at work in the manner claimed or that any defect in equipment existed or caused his injury. There was no breach of duty by the defenders, either at common law or under statutory regulations, and no causal link between any alleged breach and the injury. The pursuer's account was not accepted as credible or reliable.

Court Disposition

Action dismissed; defenders assoilzied (absolved)

Orders

  • Second and third pleas for the defenders upheld
  • Pursuer's action dismissed