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Lewis John Anderson v. Robert Kelman t/a Ailsa Wood Products [2006] CSOH 135

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In this action the pursuer sought damages for an injury to his left eye which he sustained during his employment with the defender. Here the pursuer moved for issues to be allowed and the cause appointed to jury trial. The motion was opposed by the defender who moved for a proof. It was opposed on two grounds:- (1) that the pursuer's case at common law was lacking averments of fact from which the jury could be expected to draw the necessary inference of reasonable foreseeability and (2) that the pleadings relating to future wage loss were wholly speculative and ill-defined. Here the court considered whether the cause should be appointed for jury trial.

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