MILLY MORRISON AGAINST JAMES OAKDEN [2021] ScotCS CSOH_96 (29 September 2021)

MILLY MORRISON AGAINST JAMES OAKDEN [2021] ScotCS CSOH_96 (29 September 2021)

The defender, as employer, failed to take reasonable care for the pursuer's safety by instructing her to ride a large, fresh horse recently off restricted exercise, alone and without adequate warning of the horse's earlier excitable behaviour. The risk of misbehaviour and injury was foreseeable to a competent employer in the equestrian industry. The defender's breach of duty caused the accident and the pursuer's injuries. However, the evidence did not establish a sufficient causal connection between the accident and the pursuer's discontinuation of her nursing degree or her long-term loss of earnings.

Citation
[2021] ScotCS CSOH_96
Parties
Pursuer: Milly Morrison; Defender: James Oakden
Jurisdiction
Scotland
Judgment Date
29 September 2021
Procedural Posture
Personal Injury/reparation / Judgment After Proof (trial)
Outcome
Pursuer succeeds in part; defender found liable for accident and injuries, but not for all heads of loss claimed.
Legal Topics
Employer's Liability, Negligence, Personal Injury, Duty of Care, Causation, Quantum of Damages
Tort Employment Law Employer's Liability Negligence Personal Injury Duty of Care Causation Quantum of Damages

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Parties

Milly Morrison

Pursuer

James Oakden

Defender

Procedural Posture

Personal Injury/reparation / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender was negligent in instructing the pursuer to ride Macamore in the circumstances
  2. 2 Whether the accident and injuries were reasonably foreseeable
  3. 3 Whether the pursuer was competent to ride Macamore in the circumstances

Ratio Decidendi

The defender, as employer, failed to take reasonable care for the pursuer's safety by instructing her to ride a large, fresh horse recently off restricted exercise, alone and without adequate warning of the horse's earlier excitable behaviour. The risk of misbehaviour and injury was foreseeable to a competent employer in the equestrian industry. The defender's breach of duty caused the accident and the pursuer's injuries. However, the evidence did not establish a sufficient causal connection between the accident and the pursuer's discontinuation of her nursing degree or her long-term loss of earnings.

Court Disposition

Pursuer succeeds in part; defender found liable for accident and injuries, but not for all heads of loss claimed.

Orders

  • Award of solatium (general damages for pain and suffering) of £50,000, with three quarters allocated to the past and interest at 4% per annum on the past element from date of accident to date of decree.
  • No award for past or future wage loss related to discontinuation of nursing degree.