McDonald v J SAINSBURY PLC [2010] ScotCS CSIH_39 (05 May 2010)

McDonald v J SAINSBURY PLC [2010] ScotCS CSIH_39 (05 May 2010)

The pursuer's pleadings, when properly construed, disclosed a foreseeable possibility of injury under regulation 4 of the Manual Handling Operation Regulations 1992, and thus were sufficient to allow the case to proceed to inquiry.

Citation
[2010] ScotCS CSIH_39
Parties
Pursuer and Appellant: Jane McDonald; Defender and Respondent: J. Sainsbury PLC
Jurisdiction
Scotland
Judgment Date
05 May 2010
Procedural Posture
Appeal / Interlocutory Appeal Against Dismissal of Action at Debate
Outcome
Appeal allowed in part; sheriff's interlocutor recalled; proof before answer allowed on the Manual Handling Operation Regulations case.
Legal Topics
Employer's Liability, Manual Handling Operations, Workplace Safety, Pleading Requirements
Employment Law Personal Injury Employer's Liability Manual Handling Operations Workplace Safety Pleading Requirements

Case Brief

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Parties

Jane McDonald

Pursuer and Appellant

J. Sainsbury PLC

Defender and Respondent

Procedural Posture

Appeal / Interlocutory Appeal Against Dismissal of Action at Debate

Legal Issues

  1. 1 Whether the pursuer's pleadings disclosed a relevant case under the Manual Handling Operation Regulations 1992
  2. 2 Whether the sheriff applied the correct test of foreseeability under regulation 4 of the Manual Handling Operation Regulations 1992

Ratio Decidendi

The pursuer's pleadings, when properly construed, disclosed a foreseeable possibility of injury under regulation 4 of the Manual Handling Operation Regulations 1992, and thus were sufficient to allow the case to proceed to inquiry.

Court Disposition

Appeal allowed in part; sheriff's interlocutor recalled; proof before answer allowed on the Manual Handling Operation Regulations case.

Orders

  • Recall the sheriff's interlocutor of 29 December 2008
  • Allow a proof before answer in relation to the Manual Handling Operation Regulations case