Anderson v. Kelman (T/a Ailsa Wood Products) [2006] ScotCS CSOH_135 (05 September 2006)

The pursuer's pleadings provide an adequate factual foundation for reasonable foreseeability and future wage loss, and the defender has not demonstrated special cause to prevent issues or jury trial.

Citation: [2006] ScotCS CSOH_135
Parties: Pursuer: Lewis John Anderson; Defender: Robert Kelman t/a Ailsa Wood Products
Jurisdiction: Scotland
Judgment Date: 05 September 2006
Procedural Posture: Personal Injury / Motion for Issues and Appointment to Jury Trial
Outcome: Issues allowed and cause appointed for jury trial.
Legal Topics: Duty of Care, Reasonable Foreseeability, Future Wage Loss, Statutory Breach, Jury Trial Procedure

Employment Law Personal Injury Health and Safety Duty of Care Reasonable Foreseeability Future Wage Loss Statutory Breach Jury Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Lewis John Anderson

Pursuer

Robert Kelman t/a Ailsa Wood Products

Defender

Procedural Posture

Personal Injury / Motion for Issues and Appointment to Jury Trial

Legal Issues

1 Whether the pursuer's pleadings establish reasonable foreseeability for a common law duty of care
2 Whether the pleadings regarding future wage loss are sufficiently specified for jury consideration
3 Whether special cause exists not to allow issues and appoint the cause for jury trial

Ratio Decidendi

The pursuer's pleadings provide an adequate factual foundation for reasonable foreseeability and future wage loss, and the defender has not demonstrated special cause to prevent issues or jury trial.

Court Disposition

Issues allowed and cause appointed for jury trial.

Orders

Expenses of the hearing to be expenses in the cause.