Hardie (AP) v Keller Colcrete Ltd & Anor [1999] ScotCS 243 (20 October 1999)

Hardie (AP) v Keller Colcrete Ltd & Anor [1999] ScotCS 243 (20 October 1999)

Failure to provide goggles for work involving toxic materials and foreseeable risk constituted breach of statutory duty and common law; causal nexus established between breach and injury; medical treatment by third party did not materially contribute to final state of eye; no negligence established against third party.

Citation
[1999] ScotCS 243
Parties
Pursuer: James Hardie (AP); Defenders: Keller Colcrete Limited; Third Party: Lothian Health Board
Jurisdiction
Scotland
Judgment Date
20 October 1999
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Pursuer succeeds against defenders; third party assoilzied
Legal Topics
Employer's Liability, Eye Protection Regulations, Negligence, Damages, Medical Negligence, Contribution/relief Between Defendants
Tort Employment Health and Safety Employer's Liability Eye Protection Regulations Negligence Damages Medical Negligence +1 more

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Parties

James Hardie (AP)

Pursuer

Keller Colcrete Limited

Defenders

Lothian Health Board

Third Party

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether employer breached duty by failing to provide eye protection
  2. 2 Whether employer breached statutory regulations
  3. 3 Whether medical treatment by third party was negligent and contributed to injury

Ratio Decidendi

Failure to provide goggles for work involving toxic materials and foreseeable risk constituted breach of statutory duty and common law; causal nexus established between breach and injury; medical treatment by third party did not materially contribute to final state of eye; no negligence established against third party.

Court Disposition

Pursuer succeeds against defenders; third party assoilzied

Orders

  • Decree of damages against defenders for £299,988 plus solatium of £30,000 and agreed interest
  • Third party's fifth plea-in-law sustained; assoilzied