Description
This case related to an accident on 13 May 2003 when a heavy control module fell from a crane and struck the pursuer, whilst in the course of his employment, causing serious injury to him. On 23 March 2007 the court granted a motion for summary decree and found the defenders liable to make reparation to the pursuer. Three areas of dispute were reserved, namely, contributory negligence, quantum and the defenders' claim against a third party who supplied the control module. The pursuer enrolled a motion asking for the allowance of issues. The defenders and third party submitted that what remained of the case was unsuitable for jury trial. In particular, concerns were raised relating to the complexityof the pursuer's claim and the calculations in respect of the pursuer's future loss and accommodation costs. It was submitted on behalf of the pursuer that this was not a case in which special cause for withholding trial by jury had been made out and nothing had been submitted on behalf of the defenders that should affect the pursuer's statutory right to a jury trial. Here the court considered whether the case was unsuitable for trial by jury, and whether special cause for withholding issues had been made in terms of section 9(2) of the
Court of Session Act 1988.
