McLaughlin v East & Midlothian NHS Trust [2000] ScotCS 117 (9 May 2000)
The pursuer's pleadings do not sufficiently aver facts from which negligence can be inferred under common law or res ipsa loquitur; however, the statutory cases are sufficiently pled to proceed to proof.
- Citation
- [2000] ScotCS 117
- Parties
- Pursuer: Mrs Marion McLaughlin; Defender: East and Midlothian NHS Trust
- Jurisdiction
- Scotland
- Judgment Date
- 09 May 2000
- Procedural Posture
- Personal Injury/reparation / Procedure Roll (pleadings Debate)
- Outcome
- Common law case dismissed; statutory case proceeds to proof before answer.
- Legal Topics
- Employer's Liability, Workplace Safety, Statutory Duties, Res Ipsa Loquitur
Case Brief
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Parties
Mrs Marion McLaughlin
Pursuer
East and Midlothian NHS Trust
Defender
Procedural Posture
Personal Injury/reparation / Procedure Roll (pleadings Debate)
Legal Issues
- 1 Whether the pursuer's pleadings support a case of negligence at common law based on res ipsa loquitur
- 2 Whether the pursuer's pleadings are sufficient to support breaches of statutory duties under the Provision and Use of Work Equipment Regulations 1992 and the Workplace (Health, Safety and Welfare) Regulations 1992
Ratio Decidendi
The pursuer's pleadings do not sufficiently aver facts from which negligence can be inferred under common law or res ipsa loquitur; however, the statutory cases are sufficiently pled to proceed to proof.
Court Disposition
Common law case dismissed; statutory case proceeds to proof before answer.
Orders
- Sustain defenders' first plea-in-law in relation to the common law case
- Allow proof before answer restricted to statutory cases
Full Case Text
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