Description
The Pursuer (aged 24 at Proof) claimed damages following a road traffic accident in which his car was struck by the Defender's car. The Defender admitted liability but quantum was disputed. A Proof took place at which the Pursuer was the only witness. The parties had entered into a Joint Minute of admissions in which it was agreed that a consultant orthopaedic surgeon's reports contained a true and accurate account of the nature and effect of the Pursuer's injuries. As a result of the accident the Pursuer sustained a soft tissue injury to his knee. The pain from this injury began to improve after 2 weeks and settled fully within a month. He suffered considerable pain in his lumbar spine for about 2 weeks and he continued to suffer pain, although this settled within 6 months. He attended a physiotherapist because of his knee and back injuries. He had small facial cuts and pain in his right shoulder for 3-4 days. The Pursuer was an active member of a rowing club and trained regularly. As a result of his injuries, he was unable to take part in a number of rowing events and could not return to full time training until nearly a year after the accident. After the Proof, the Sheriff indicated that he had accepted the Pursuer as a credible and reliable witness and, although he would have proceeded on the basis of the Pursuer's unchallenged evidence, it was in part at variance with the terms of the Joint Minute and, as a matter of law, he had to proceed on the basis of what had agreed in the Joint Minute. The Pursuer submitted that damages of £3,750 should be awarded, including the cost of replacing a pair of glasses. The Defender argued that solatium should be valued at £1,800 and accepted that the Pursuer was entitled to recover the cost of the broken glasses. The Sheriff considered a number of authorities referred to by the parties and concluded that solatium should be assessed at £3,000, all attributable to the past. The Pursuer was also entitled to the cost of replacing his glasses.
