Kerry Ramage as Legal Representative of her child Beth Ramage (Assisted Person) v. Scottish African Safari Park Limited [2008] CSOH 68

Personal Injury - Motion for Issues:- On 28 July 2002 the pursuer took her 19 month old daughter, Beth, to Blair Drummond Safari Park which was owned and occupied by the defenders. The pursuer claimed that during the course of the visit her daughter's arm came into contact with animal faeces, which then came into contact with her mouth, and she was exposed to E coli 0157 and subsequently developed certain medical conditions. Damages were claimed on the basis that there was fault on the part of the defenders at common law and in breach of Regulations 6, 7 and 12 of the Control of Substances Hazardous to Health Regulations 1999. The action was defended on liability and quantum. Here the pursuer sought the allowance of issues to enable the action to proceed to a jury trial. The motion was opposed on behalf of the defenders. It was submitted on behalf of the defenders that special cause existed for refusing the pursuer's motion for the allowance of issues. On behalf of the pursuers it was submitted that the case was one which could be properly decided by a jury as appropriate directions could be given to the jury. Here the court considered the relevancy of the pursuer's case at common law in deciding whether it was a case suitable for jury trial.