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David Hynds v David Reekie & Sons Ltd, [2013] CSOH 92, 11 June 2013


Proof: Personal Injuries: Liability not in dispute; proof on quantum. The pursuer suffered injury when, in the course of his employment, a heavy cutting machine fell on top of him. The pursuer was trapped in a bent over position. The weight of the machine caused an unusual low velocity, high torque crushing injury to his upper body and trunk. Initially, the severity of the injuries was not identified. He suffered a fracture in his vertebrae. He required to stop working as a result of the pain. During his absence, he was made redundant. He also suffered significant PTSD along with other neurological injuries such as loss of sexual function. The court determined the following heads of claim: 1. solatium (past and future), 2. services (past and future), 3. costs of past and on-going treatment, 4. past wage loss including wage loss from redundancy to judgement, 5. future wage loss and 6. pension loss.