Description
On 25 October 2000 the pursuer, who had been working at the base of a tractor unit, rose from a crouching position and struck his head against a tilt bar protruding horizontally from its socket which had not been removed. In this action liability was agreed on the basis that the accident was caused partly by the fault of the defenders and partly by the pursuer's contributory fault, the respective shares of fault being apportioned 80% to the defenders and 20% to the pursuer. Prior to the close of the defenders' case a joint minute agreeing quantum of damages subject to the issue that the pursuer's condition was caused by an acquired brain injury caused in turn by the accident. That was the central issue in dispute at proof. The court considered whether such a minor blow to the head would result in any organic injury to the brain.
