Reported Injury Claims Cases – Sheriff Court

Reported Injury Claims Cases at the Sherrif Court

Almost all our cases settle out of court for one simple reason – we prepare to go to court.

The insurance companies know that we are ready to take your case all the way if necessary and if they attempt to block or undervalue your claim they will have a fight on their hands with our team of expert litigators – lawyers with courtroom experience.

Reported cases are among the most significant actions raised in the Scottish courts in recent years. The reason they are reported is because the cases highlight an important point of law or set a new precedent in legal judgement.

Bonnar Accident Law is a key player in personal injury claims in the Scottish courts and the firm is at the forefront of setting the standard on behalf of hurt and injured people and their families.

This is a selection of our recent Sheriff Court actions.

1. Denise Beattie v. North Lanarkshire Council

Denise had an accident at a swimming pool when her foot entered defective grating in the changing area of the pool. The case went to proof in May 2008 when she was successful.

2. Christopher Tognarelli v. James Henderson

Christopher was employed as a postman and sustained injury on a defective footpath at a private dwellinghouse. Proof went ahead on 27 – 29th October 2008 when Christopher was successful.

3. Stuart Russell as guardian of Kyle Russell v. Banklee Limited t/a The Big Adventure

Stuart was the father of Kyle who sustained injury whilst attending a childrens’ play area. Judgement was issued in June 2009 when Stuart was successful.

4. Lisa Wardle as guardian of Abigail Wardle v. Scottish Borders Council

www.scotcourts.gov.uk/opinions/PD13_08.html

Abigail was a child who sustained injury whilst playing in a school shed. Lisa was originally unsuccessful (judgment attached). The case was appealed and judgement issued on 31st January 2011.

5. Alan Stocks v. North Lanarkshire Council

Alan sustained injury when he tripped on a defective local authority footway. An oral judgement was issued in October 2010 when Alan was successful.

6. Jamie McGunnigal v. Sed Mohammed Remally

Jamie was injured as a result of a road traffic accident. An oral judgement was issued on 15th December 2010 when Jamie was successful.

7. Karen Smith v. South Lanarkshire Council

Karen was an employee of South Lanarkshire Council and was injured after slipping on ice in a school playground. She was successful following a written judgement on 6th October 2010.

8. James Murray v. North Lanarkshire Council

James was injured after an accident on a defective footpath in a local authority property. Judgement was issued on 2nd June 2011 when he was successful.

9. Linda Wilson v. Debenhams Retail

Linda slipped on an unidentified spillage within the store at Debenhams, Stirling. Proof was held at Stirling sheriff court in September 2010. The court held that the presence of the spillage was proof of negligence and that Debenhams had no proper system for identification and removal of spillages.

10. Lynn Watson v. Diane Ward Hairdressing Limited

Lynn tripped on an area of ground at Sorton Road Shopping Centre, Edinburgh. The court held that the area was in substantial disrepair. The defenders were jointly and severally liable as occupiers and Lynn was successful.

11. Sarah Self v. CRP Gallo Properties Limited

Sarah slipped and fell on an iced-over pavement which was the result of a leaking overflow pipe which sprayed water from property owned by the defenders. The sheriff held that the presence of ice was a foreseeable hazard and Sarah was successful.

12. Jacqueline Coutts v. Fife Council

Jacqueline slipped on a wet linoleum surface as she entered High Valleyfield Community Centre.

13. Alan Kusz v. North Ayrshire Council and Scottish Water

Alan was injured after a trip on a defective drain cover in a street in Stevenston. Alan was successful before the sheriff against Scottish Water only. Scottish Water appealed the decision, and Alan was again successful at appeal.

FATAL ACCIDENT INQUIRIES

Death of Thomas Bolesworth : FAI – 23rd January 2008

www.scotcourts.gov.uk/opinions/Bolesworth.html

Thomas Bolesworth died after he slipped and fell whilst working as a butcher in a meat preparation room. He suffered fatal scalding injuries.

Fatal Accident Inquiry was decided on 23rd January 2008. Following conclusion of the Inquiry, a successful compensation claim was made by the relatives of Thomas Bolesworth.

Death of George Thompson

George Thompson was killed whilst working as a farming labourer when he was struck by a telescopic materials handler driven by another worker.

The Fatal Accident Inquiry was held at Haddington on 5th September 2011. The sheriff held that there were failures in operator training and in risk assessments. Following the determination, a successful compensation claim was made by the relatives.

VIBRATION WHITE FINGER

William Conway v. Hitec Limited and Stuart Deans v. Newbury Coaches Limited – VWF cases

These cases are included as being the leading Scottish cases on the condition of Hand/Arm Vibration Syndrome, better known as Vibration White Finger. Both pursues were successful.

The judgements explore the nature of the employer’s duty with particular regard to risk assessment, health surveillance and precautionary intervention.