APPEAL FROM THE SHERIFFDOM OF NORTH STRATHCLYDE AT DUMBARTON BY CAROL KENNEDY v. CHIVAS BROTHERS Ltd [2013] ScotCS CSIH_57 (20 June 2013)
The employer failed to ensure the suitability of the trolley for the specific task and failed to carry out a specific risk assessment for the manual handling operation, resulting in foreseeable risk of injury. The pursuer was not contributorily negligent.
- Citation
- [2013] ScotCS CSIH_57
- Parties
- Pursuer and Appellant: Carol Kennedy; Defenders and Respondents: Chivas Brothers Limited
- Jurisdiction
- Scotland
- Judgment Date
- 20 June 2013
- Procedural Posture
- Appeal / Appeal From Decree of Absolvitor After Proof in Sheriff Court
- Outcome
- appeal allowed
- Legal Topics
- Manual Handling, Work Equipment Suitability, Risk Assessment, Contributory Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Carol Kennedy
Pursuer and Appellant
Chivas Brothers Limited
Defenders and Respondents
Procedural Posture
Appeal / Appeal From Decree of Absolvitor After Proof in Sheriff Court
Legal Issues
- 1 Whether the employer breached the Provision and Use of Work Equipment Regulations 1998, regulation 4
- 2 Whether the employer breached the Manual Handling Operations Regulations 1992, regulation 4
- 3 Whether the pursuer was contributorily negligent
Ratio Decidendi
The employer failed to ensure the suitability of the trolley for the specific task and failed to carry out a specific risk assessment for the manual handling operation, resulting in foreseeable risk of injury. The pursuer was not contributorily negligent.
Court Disposition
appeal allowed
Orders
- decree for agreed damages of £5321.62 plus interest at judicial rate after 28 June 2012
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