KAREN ANNE THOMSON & ANR v. DOUGLAS AMATEUR FOOTBALL CLUB SOCIAL CLUB and LEONARD WALLACE [1999] ScotSC 19 (27th June, 1999)

KAREN ANNE THOMSON & ANR v. DOUGLAS AMATEUR FOOTBALL CLUB SOCIAL CLUB and LEONARD WALLACE [1999] ScotSC 19 (27th June, 1999)

John Thomson was an independent contractor, not an employee of the first defender, and the seventh defender was a volunteer, not an employee. The first defender is not vicariously liable for the seventh defender's negligence. The accident and ensuing loss were caused solely by the fault and negligence of the seventh defender. The pursuers are entitled to damages from the seventh defender only.

Citation
[1999] ScotSC 19
Parties
Pursuer: Karen Anne Thomson; Pursuer: Maureen Jane Collison; First Defender: Douglas Amateur Football Club Social Club; Seventh Defender: Leonard Wallace
Jurisdiction
Scotland
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Decree for pursuers against the seventh defender; first defender assoilzied (absolved) from liability.
Legal Topics
Vicarious Liability, Independent Contractor Status, Negligence, Unincorporated Associations, Damages for Personal Injury
Tort Employment Law Personal Injury Vicarious Liability Independent Contractor Status Negligence Unincorporated Associations Damages for Personal Injury

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Parties

Karen Anne Thomson

Pursuer

Maureen Jane Collison

Pursuer

Douglas Amateur Football Club Social Club

First Defender

Leonard Wallace

Seventh Defender

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether John Thomson was an employee or independent contractor of the first defender
  2. 2 Whether the first defender is vicariously liable for the acts of the seventh defender
  3. 3 Whether the seventh defender was an employee or volunteer

Ratio Decidendi

John Thomson was an independent contractor, not an employee of the first defender, and the seventh defender was a volunteer, not an employee. The first defender is not vicariously liable for the seventh defender's negligence. The accident and ensuing loss were caused solely by the fault and negligence of the seventh defender. The pursuers are entitled to damages from the seventh defender only.

Court Disposition

Decree for pursuers against the seventh defender; first defender assoilzied (absolved) from liability.

Orders

  • First defender assoilzied from the crave of the writ.
  • Seventh defender ordained to pay the pursuers £55,400 sterling with interest from 28th September 1998 at 8% per annum until paid.