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Rodney McLellan v. Dundee City Council [2009] CSOH 9

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Proof:- The pursuer was employed by the defenders as a waste management workerbefore in April 2005 they employed him as a driver of a triple mower cutting large areas of grass on their housing estates in Dundee. The defenders sent the pursuer on a training course in the operation of triple mowers. Having completed that training the pursuer worked as a driver of a triple mower and on 20 May 2005 suffered an injury to his right hand when he attempted to clear a blockage in the central cutter of the mower. It is that accident which gave rise to this action where the pursuer sought damages for personal injuries which he suffered in the course of his employment with the defenders. Parties agreed the quantification of the pursuer's claim for damages and the only issue was whether the defenders were liable for the injury which the pursuer sustained. The pursuer based his claim under regulations 8(1) and 9(1) of the Provision and Use of Work Equipment Regulations 1998 and regulation 3(1) of the Management of Health and Safety at Work Regulations 1999 and at common law. Here the court considered whether the defenders were in breach of their common law duty of care to the pursuer and whether there was a causal link between the defenders' breaches of statutory duty and the pursuer's loss and if so, to what extent, if any, the pursuer was guilty of contributory negligence.

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