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Sarah Smith v. Lorna McNair [2008] CSOH 154


Proof:- On 20 January 2003 the pursuer, a teacher, was driving her motor car northwards on the A77, as she made her way to work, when she was involved in a serious road traffic accident. A lorry came out of a lay-by and the pursuer moved into the offside lane to avoid it, braked, and as she did so a car coming at speed from her rear ran into her. There was a claim for her physical injuries and anxiety disorder which she received treatment for in hospital. By November 2004 she was found to be suffering from Parkinson's Disease. It was claimed by the pursuer that the accident brought forward the development and diagnosis by a period of up to seven years On behalf of the defender it was submitted that the accident did not bring forward the development of Parkinson's Disease. It was accepted that the physical injuries she sustained in the accident were minor and for these a relatively small amount of damages would be made. If, however, Parkinson's disease was caused or triggered by the accident a significantly greater award of damages would be justified. Liability was admitted and the real issue was whether it had been established that there was a link between any head trauma and the onset of the condition.