King v. Negro [2002] ScotCS 313 (10 December 2002)

The defender failed to establish that the combination of medical and financial complexities in this case amounted to special cause. The issues, though potentially complex, are not beyond the competence of a properly directed jury. The pursuer's right to a jury trial stands.

Citation: [2002] ScotCS 313
Parties: Pursuer: Dr. Margaret King; Defender: Eric Negro
Jurisdiction: Scotland
Judgment Date: 10 December 2002
Procedural Posture: Reparation (personal Injury) / Preliminary Hearing on Defender's Pleas in Law Regarding Suitability for Jury Trial
Outcome: Defender's first and second pleas-in-law repelled; issues allowed for jury trial.
Legal Topics: Quantum of Damages, Jury Trial, Special Cause, Medical Causation

Personal Injury Civil Procedure Quantum of Damages Jury Trial Special Cause Medical Causation

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2

Parties

Dr. Margaret King

Pursuer

Eric Negro

Defender

Procedural Posture

Reparation (personal Injury) / Preliminary Hearing on Defender's Pleas in Law Regarding Suitability for Jury Trial

Legal Issues

1 Whether the complexity of medical and financial issues constitutes 'special cause' to refuse a jury trial in a personal injury action

Ratio Decidendi

Court Disposition

Defender's first and second pleas-in-law repelled; issues allowed for jury trial.

Orders

Closed Record to be opened up and amended as per Minute of Amendment and Answers.
Defender awarded expenses occasioned by the amendment procedure.