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Billy McGhee v. Diageo plc [2008] CSOH 74


Proof - Reparation:- In this action the pursuer, a 20 year old trainee service engineer employed by Stilcan Industrial Conveyors Ltd, attended at the defenders' premises at Glen Ord Distillery to carry out maintenance work on scrapers on two conveyor belts. Whilst carrying out the repair work his legs became crawn in to a screw feeder and he suffered injuries to his legs. In this action the pursuer sought damages for the injuries that he suffered as a result of the accident. Liability was admitted and the proof was limited to the question of quantum and contributory negligence. The only issue in dispute regarding quantum was the appropriate figure for future loss of earnings. In relation to the issue of contributory negligence an employee of the defenders gave evidence that the pursuer was made aware about the imminent operation of the screw feeder and the court considered that against the other evidence led to determine whether the pursuer could be said to be contributorily negligent to any extent.