Description
This was an ordinary action for damages in reparation for personal injury. The pursuer averred that she sustained injury on 25/8/98 whilst she was working in the course of her employment with the defenders as a Grade C Enrolled Nurse at the Queen Margaret Hospital, Dunfermline, Fife. She averred that she sustained this injury when, together with a nursing auxiliary, Miss June Berry, she was attempting to manoeuvre a dependent elderly patient. It was the pursuer's contention that her injury was caused by breach of regulation 4(a) or, alternatively, regulation 4(b), of the Manual Handling Operations Regulations 1992 and fault on the part of the defenders. The case of fault depended on averments of breach of duties to take reasonable care to arrange for the making available and use of a hoist or other lifting aid in order to move the patient, and to see that the bed did not move while a patient was being moved.
