Description
The pursuers, members of the deceased's family, sued a company for negligently installing a handrail which allegedly caused the deceased's fatal accident. The defenders tabled a plea of contributory negligence on the basis that the deceased's ability to descend the stairs was impaired by alcohol.
Held: The defenders were liable to make reparation without any deduction for contributory negligence. On a balance of probabilities, the deceased died of a cardiac arrhythmia that was triggered by the effects of his injuries caused by the failure of the handrail and it was highly improbable that the deceased's ability to negotiate the stairs was impaired to any material degree by alcohol.
Damages: i) The first pursuer's claim as executrix - Solatium agreed at £4,000; ii) Using
Wolff v Moulds 2011 CSOH 159 as a starting point, appropriately upgraded to account for the criticism in
Hamilton v Ferguson Transport (Spean Bridge) Ltd [2012] CSIH 52, damages under
s. 1(4), Damages (Scotland) Act 1976;
- the deceased's widow, the second pursuer, awarded £80,000, half allocated to the past with interest at 4% from the date of death to the date of decree, reflecting the closeness of relationship between the deceased and his wife and the fact that the deceased suffered a fatal accident in the house where they had lived for many years;
- the deceased's two daughters awarded £35,000 each, half allocated to the past with interest at 4% from the date of death to the date of decree, reflecting the much greater than normal part played by the deceased in their lives;
- the deceased's son awarded £27,500, half allocated to the past with interest at 4% from the date of death to the date of decree, reflecting that his relationship with the deceased was not as close as that of his sisters;
- the deceased's four grandchildren awarded £20,000, £25,000, £12,000 and £12,000 respectively reflecting the closeness of their individual relationships with the deceased;
iii) Funeral expenses amounting to £7,094.50 awarded to the first pursuer with interest at 8% from the date of death;
iv) An award for loss of services under
s. 9, Administration of Justice Act 1982 at £5,000 awarded to the second pursuer.
