Lee MacFarlan Nicoll v. Guild Homes (Tayside) Limited [2008] CSOH 156

Proof:- On 4 June 2001 the pursuer was involved in a road traffic accident when a tractor towing a trailer being driven by an employee of the defenders, in the course of his employment with them, passed the pursuer on the other side of the road. As it did so, the trailer became detached from the tractor and swung into the pursuer's path, colliding directly with his vehicle. The pursuer received a number of injuries. In this action the pursuer sought damages for the personal injuries sustained in the accident. Liability was admitted and no question of contributory negligence arose. The only issue at proof was restricted to the issue of quantum, with the level of solatium for the pursuer's injuries and his future employment prospects being the main areas of contention.