Riddell v Leisure Link Electronic Entertainment Ltd [2008] ScotCS CSIH_16 (15 February 2008)

Riddell v Leisure Link Electronic Entertainment Ltd [2008] ScotCS CSIH_16 (15 February 2008)

The sheriff was entitled to accept the pursuer's evidence as credible and reliable regarding her ongoing disability, supported by medical and lay evidence. The sheriff's preference for the pursuer's medical experts on causation was justified. The agreed multiplier for future wage loss was properly applied. The appeal was refused as no error of law or assessment was demonstrated.

Citation
[2008] ScotCS CSIH_16
Parties
Pursuer and Respondent: June Riddell; Defenders and Appellants: Leisure Link Electronic Entertainment Limited
Jurisdiction
Scotland
Judgment Date
15 February 2008
Procedural Posture
Appeal / Inner House, Court of Session, Post Proof, Appeal Against Sheriff's Decree
Outcome
Appeal refused; sheriff's interlocutor affirmed.
Legal Topics
Employer's Liability, Causation of Injury, Assessment of Damages, Credibility of Witness, Chronic Pain Syndrome
Personal Injury Employment Law Employer's Liability Causation of Injury Assessment of Damages Credibility of Witness Chronic Pain Syndrome

Case Brief

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Parties

June Riddell

Pursuer and Respondent

Leisure Link Electronic Entertainment Limited

Defenders and Appellants

Procedural Posture

Appeal / Inner House, Court of Session, Post Proof, Appeal Against Sheriff's Decree

Legal Issues

  1. 1 Whether the pursuer was a credible witness regarding her continuing disability
  2. 2 Whether the chronic back pain was caused by the workplace accident or by pre-existing degenerative changes
  3. 3 Whether the sheriff erred in applying the multiplier for future wage loss

Ratio Decidendi

The sheriff was entitled to accept the pursuer's evidence as credible and reliable regarding her ongoing disability, supported by medical and lay evidence. The sheriff's preference for the pursuer's medical experts on causation was justified. The agreed multiplier for future wage loss was properly applied. The appeal was refused as no error of law or assessment was demonstrated.

Court Disposition

Appeal refused; sheriff's interlocutor affirmed.

Orders

  • The interlocutor of the sheriff dated September 2006 stands.