Gordon v. Lothian and Borders Fire Board [2002] ScotCS 53 (26th February, 2002)

Gordon v. Lothian and Borders Fire Board [2002] ScotCS 53 (26th February, 2002)

The pursuer failed to establish on the balance of probabilities that the defender breached any duty of care or that the alleged injury occurred as claimed; Mr Bertram fulfilled his duties, and no fault was established against the defenders.

Citation
[2002] ScotCS 53
Parties
Pursuer: Douglas Stuart Gordon; Defender: Lothian & Borders Fire Board
Jurisdiction
Scotland
Procedural Posture
Personal Injury Claim / Judgment After Trial
Outcome
Decree of absolvitor granted in favour of the defenders; pursuer's pleas repelled.
Legal Topics
Employer's Liability, Negligence, Personal Injury, Workplace Safety
Tort Employment Law Employer's Liability Negligence Personal Injury Workplace Safety

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Parties

Douglas Stuart Gordon

Pursuer

Lothian & Borders Fire Board

Defender

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defender, through its employee Mr Bertram, breached a duty of care to the pursuer during a training exercise
  2. 2 Whether the pursuer sustained injury as alleged due to the defender's fault

Ratio Decidendi

The pursuer failed to establish on the balance of probabilities that the defender breached any duty of care or that the alleged injury occurred as claimed; Mr Bertram fulfilled his duties, and no fault was established against the defenders.

Court Disposition

Decree of absolvitor granted in favour of the defenders; pursuer's pleas repelled.

Orders

  • Sustain the second and third pleas-in-law for the defender.
  • Repel the pursuer's pleas.