Stangoe v Terex Equipment Ltd [2001] ScotCS 277 (4 December 2001)

Stangoe v Terex Equipment Ltd [2001] ScotCS 277 (4 December 2001)

The pursuer failed to prove, on the evidence, that his hand-arm vibration syndrome was caused by exposure to vibrating tools during his employment with the defenders, as the timing and extent of exposure did not support causation. Therefore, the defenders are not liable.

Citation
[2001] ScotCS 277
Parties
Pursuer: James Stangoe; Defender: Terex Equipment Limited
Jurisdiction
Scotland
Judgment Date
04 December 2001
Procedural Posture
Personal Injury Claim / Judgment After Trial
Outcome
Pursuer's claim dismissed
Legal Topics
Employer's Liability, Hand Arm Vibration Syndrome, Negligence, Statutory Duty, Damages
Tort Employment Law Occupational Health and Safety Employer's Liability Hand Arm Vibration Syndrome Negligence Statutory Duty Damages

Case Brief

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Parties

James Stangoe

Pursuer

Terex Equipment Limited

Defender

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the pursuer's hand-arm vibration syndrome (vibration white finger) was caused by exposure to vibrating tools during employment with the defenders
  2. 2 Whether the defenders breached their statutory and common law duties to provide a safe workplace
  3. 3 Whether the pursuer is entitled to damages

Ratio Decidendi

The pursuer failed to prove, on the evidence, that his hand-arm vibration syndrome was caused by exposure to vibrating tools during his employment with the defenders, as the timing and extent of exposure did not support causation. Therefore, the defenders are not liable.

Court Disposition

Pursuer's claim dismissed

Orders

  • Pleas for the pursuer repelled
  • Pleas for the defenders sustained