Stephen Lewendon v. International Paper (UK) Limited [2011] CSOH 116

The pursuer sought damages for injuries sustained by him in the course of his employment at the defender's paper mill. In January 2009, the pursuer's right arm was drawn into machinery, which latterly required the surgical amputation of this limb to the elbow, preventing him from being able to continue in his employment with the defender. The defender relied upon contributory negligence in defence. Moreover, the defender submitted that the calculation of wage loss would depend on a range of variables, perhaps involving the Ogden Tables, therefore meaning that special cause, to merit the case not being decided by a jury, was shown.