HP v Terex Equipment Ltd [2015] ScotCS CSOH_76 (16 June 2015)

HP v Terex Equipment Ltd [2015] ScotCS CSOH_76 (16 June 2015)

The defenders failed to prove contributory negligence. The pursuer was credible and reliable; the accident caused both the left shoulder injury (exacerbation of pre-existing condition) and a depressive episode. Damages were awarded for solatium, past and future wage loss, loss of employability, and services, based on the acceleration of symptoms and the psychiatric injury being causally linked to the accident.

Citation
[2015] ScotCS CSOH_76
Parties
Pursuer: HP; Defender: Terex Equipment Limited
Jurisdiction
Scotland
Judgment Date
16 June 2015
Procedural Posture
Personal Injury/reparation / Proof (trial) Before the Outer House, Court of Session
Outcome
Judgment for the pursuer.
Legal Topics
Employer's Liability, Personal Injury, Contributory Negligence, Causation, Damages
Tort Employment Law Employer's Liability Personal Injury Contributory Negligence Causation Damages

Case Brief

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Parties

HP

Pursuer

Terex Equipment Limited

Defender

Procedural Posture

Personal Injury/reparation / Proof (trial) Before the Outer House, Court of Session

Legal Issues

  1. 1 Whether the pursuer was contributorily negligent under the Law Reform (Contributory Negligence) Act 1945 and to what extent
  2. 2 Whether the accident caused the pursuer's left shoulder injury
  3. 3 Whether the accident caused the pursuer's psychiatric condition

Ratio Decidendi

The defenders failed to prove contributory negligence. The pursuer was credible and reliable; the accident caused both the left shoulder injury (exacerbation of pre-existing condition) and a depressive episode. Damages were awarded for solatium, past and future wage loss, loss of employability, and services, based on the acceleration of symptoms and the psychiatric injury being causally linked to the accident.

Court Disposition

Judgment for the pursuer.

Orders

  • Award of damages totalling £40,023.04 to the pursuer, broken down as: solatium £12,500; interest on solatium £1,567; past loss of wages £11,311.04; interest on past loss of wages £1,795; loss of employability £5,000; past services £5,800; interest on past services £850; future services £1,200.
  • No finding of contributory negligence.