Description
The pursuer was employed by the defender from 1987 to 2002. He was diagnosed with Perthes disease in 1983, and the defenders were aware of this. His working conditions were said to have aggravated his Perthes disease and "accelerated" the incapacity of the pursuer. The defenders alleged that there was no proper specification of the common law duties which were owed to him by the defenders nor how any such duties were breached. Further, there was no link in pleading between any breach of duty and any loss, injury or damage sustained by the pursuer. The defenders also challenged the relevancy of the statutory case pled against them. The pursuer was seeking that a proof before answer of all averments.
