Parties and Background:
The pursuer was a 56 year old mail delivery driver employed by the defenders in Dundee. This was an action for damages for personal injuries sustained in the course of employment. The pursuer's duties included sorting mail into bags and pouches and loading these into a delivery van. In June 2004 he developed an inguinal hernia and weakness in his groin. On 27th August 2004 the pursuer suffered serious pain in his groin when lifting a mailbag. He underwent surgery to repair the hernia in December 2004 and returned to work on 7th February 2005, undertaking light duties. He returned to full duties in August 2005.
In June 2008 it was discovered that the pursuer had developed another hernia which was repaired in November 2008. By August 2009 the pursuer was suffering pain in his left groin area when and was struggling at work. The defenders' occupational health consultant recommended early retirement with a lump sum. This was accepted by the pursuer who retired on 15th August 2009.
Parties' Submissions:
The pursuer argued that the injury suffered on 27th August 2004 was caused through the fault of the defenders either at common law or in breach of Regs 4(2)(i) and (ii) of the Manual Handling Regulations. This led, ultimately, to his early retirement. It was reasonably forseeable that the injury would occur and the defenders had not ameliorated this risk.
The defenders averred that no breach of statutory duty had occurred. Even if it had, the breach did not cause the injury, loss and damage claimed. The pursuer underwent surgery which he would have endured in any event. If damages were to be awarded a figure of £2200 for solatium was appropriate.
Decision:
The sheriff found for the defenders and held that the pursuer had failed to prove that any loss, injury and damage sustained by him were caused by the defenders' breach of either common law or statutory duty. Decree of absolvitor was granted in favour of the defenders.
