The pursuer was the mother of the later Nikki Williamson, who died in the Southern General Hospital, Glasgow on 1 November 2003, aged 15. The pursuer sought damages in respect of the loss suffered on account of her daughter's death. Each of the defenders was sued on the basis of their vicarious liability for the alleged fault and negligence of others for whose acts and omissions they were responsible. This case called on procedure roll, where the first defenders sought to have certain averment ...
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On 2 May 2008, the pursuer was driving her car westwards on the A90 dual carriageway near Glencarse, when she was rammed from behind by a vehicle driven by the defenders’ insured. The pursuer was thrown forward and suffered various head injuries during the accident, for which she sought damages in the present action. In this opposed motion, the defenders argued that the case was unsuitable for jury trial because it raised complex issues of fact relating to the nature of the pursuer’ ...
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In February 2007, the first pursuer and her husband stayed overnight in a caravan belonging to the first pursuer’s brother. The caravan had a gas heater. During the night carbon monoxide from the flue of the heater re-entered the caravan. The first pursuer and her husband sustained carbon monoxide poisoning. The first pursuer's husband died and the first pursuer suffered injury. The first pursuer claimed damages for her personal injury and for the death of her husband; the two sons and one ...
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The pursuer had been a sufferer for epilepsy and had been prescribed vigabatrin (the propriety name of which is Sabril) in 1989 to treat and manage his condition. In 1999, the pursuer attended his GP for a visual fields test, following his concerns about Sabril and its effect on vision after reading a medical article on the subject. The pursuer was told at that time that there were no problems with his vision and no concerns about the medication he was taking. On or around February 2004, the pur ...
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In November 2007, the pursuer’s Toyota Celic motor vehicle was damaged by a City of Edinburgh Council refuse collection vehicle, whilst parked outside the pursuer’s workplace. The pursuer had recently purchased his vehicle for the sum of £1,700. On 10 March 2008 the defenders' insurers wrote to the pursuer acknowledging liability and subsequently settled the pursuer’s claim for damage to the vehicle at the sum of £1,400. The pursuer had engaged the services of Accide ...
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On 27th September 2007, the pursuer’s TVR Tuscan Mark 1 fibre-glass motor vehicle was parked and unattended, when the defender’s insured collided with it while attempting to reverse park. The collision caused damage to the pursuer’s vehicle, specifically its paint and bodywork. At the time of the accident, the pursuer’s vehicle was worth £18,000. Reluctant to involve his own insurers because of the possibility of increased premiums, the pursuer agreed to engage the ...
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The pursuers and defenders entered into a contract for the supply and installation by the pursuers of six hardwood traditional sash and case windows, at the defenders’ home. The defenders had attended at the pursuer's premises and had selected the particular windows which they wished installed conform to the sample then exhibited to them. A window surveyor thereafter attended at the defenders' home to take measurements for the windows whereafter the windows were manufactured specifically i ...
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Reclaiming motion:- The first and second named reclaimers occupied business premises on St Vincent Street, Glasgow, which were badly damaged during a fire in April 2005. It was averred that the respondent to the action was the property manager of these premises, with responsibility for their maintenance. This was said to include responsibility for maintenance of a fire monitoring system, upon which the first and second named reclaimers relied. They averred that they paid an annual service charge ...
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The pursuer was a shipwright who was injured at work on 16th January 2007. He was working on a new naval destroyer at the Defender’s Govan shipyard, when he slipped on an manhole cover on deck which had not been properly replaced and secured. The pursuer’s case was that he suffered a fractured skull, soft tissue injuries to his neck and post-concussion syndrome. The proof was heard before Lord Bannatyne over three days from 28th September, and the issues in dispute were contributory ...
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This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors, were able to purchase route notes, and an accompanying DVD. The notes were for use during the rally, and the DVD in the preparatory stages. The route notes and DVD were created and sold by t ...
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