Cameron (AP) v Kvaerner Govan Ltd [2000] ScotCS 305 (5 December 2000)

Cameron (AP) v Kvaerner Govan Ltd [2000] ScotCS 305 (5 December 2000)

The accident was primarily caused by the negligence of Kerr and Pauley in detaching the securing wire before the shore was supported by the crane, for which the defenders are vicariously liable. However, the pursuer contributed to the accident by giving ambiguous instructions. There was no breach of statutory duty regarding training or written instructions. Damages were reduced by 20% for contributory negligence.

Citation
[2000] ScotCS 305
Parties
Pursuer: James Cameron; Defender: Kvaerner Govan Limited
Jurisdiction
Scotland
Judgment Date
05 December 2000
Procedural Posture
Personal Injury/reparation / Outer House, Court of Session, Judgment After Proof
Outcome
Decree for the pursuer for £39,697 with interest at 8% from date of decree, reduced by 20% for contributory negligence.
Legal Topics
Employer's Liability, Vicarious Liability, Contributory Negligence, Workplace Accident, Damages Assessment
Tort Employment Law Health and Safety Employer's Liability Vicarious Liability Contributory Negligence Workplace Accident Damages Assessment

Case Brief

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Parties

James Cameron

Pursuer

Kvaerner Govan Limited

Defender

Procedural Posture

Personal Injury/reparation / Outer House, Court of Session, Judgment After Proof

Legal Issues

  1. 1 Whether the defenders are vicariously liable for the negligence of employees Kerr and Pauley
  2. 2 Whether the defenders breached statutory or common law duties regarding training and instruction
  3. 3 Whether the pursuer contributed to the accident by ambiguous instructions

Ratio Decidendi

The accident was primarily caused by the negligence of Kerr and Pauley in detaching the securing wire before the shore was supported by the crane, for which the defenders are vicariously liable. However, the pursuer contributed to the accident by giving ambiguous instructions. There was no breach of statutory duty regarding training or written instructions. Damages were reduced by 20% for contributory negligence.

Court Disposition

Decree for the pursuer for £39,697 with interest at 8% from date of decree, reduced by 20% for contributory negligence.

Orders

  • Award of solatium of £30,000
  • Award of wage loss to date of proof of £12,387