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3 December, 2021

Fenrir Thorvaldsen v Dundee City Council [2021] CSOH 120

Court of Session action where an employee sued his employers for over £280,000 following an accident at work.

Liability for a wooden partition falling and striking the pursuer on the head, rendering him briefly unconscious, had been admitted at an early stage in the proceedings. 

The defenders’ case was that the pursuer’s injuries were limited to a minor head injury and associated post-concussive symptoms, all which resolved within, at most, 7 weeks. 

The pursuer claimed that his symptoms have never resolved, that he suffers from debilitating headaches and an exacerbation of his poor mental health as a result of the accident. 

The Court agreed with the defenders that the pursuer had suffered a minor head injury and post-concussion syndrome lasting, at most, 7 weeks. Damages were restricted to solatium for a minor head injury and services totaling £5,250 plus interest.

Jennifer Nicholson for defender, instructed by Gillespie Macandrew LLP

Opinion of Lord Harrower can be found here.

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