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Thomas Ruddy v. Monte Marco & M & H Enterprises Limited [2008] CSOH 40

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Reparation:- On 5 October 2002, the pursuer was injured when working in a warehouse at 137 Shawbridge Street, Pollockshaws, Glasgow. The second defenders were the owners of the warehouse. The first defender was a director of the second defenders. At the time of the accident, the pursuer had been working at the warehouse for around four weeks. Whilst the pursuer was removing some of the pipes of the sprinkler system and some of the buckled beams from the roof space of the warehouse the pursuer fell from the scaffold to the floor while cutting a pipe with a saw. Damages, on the basis of full liability, were agreed at £450,000. The pursuer's case against the first defender was based upon his failure at common law to take reasonable care, as the pursuer's employer, to provide a safe place of work and safe plant and equipment. The pursuer's case also relied upon regulations 4(1) to (3), 5(1), 8 and 9(1) of the Provision and Use of Work Regulations 1998 (SI 2306) and regulations 5(2), 6(1) to (3) and 10(1) and (2) of the Construction (Health, Safety and Welfare) Regulations 1996 (SI 1592). The action against the second defenders was based upon a number of different grounds, however, it was not disputed that the summons was not served upon the second defenders until January 2006, more than three years after the accident and the action was time barred under section 18 of the Prescription and Limitation (Scotland) Act 1973.

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