A 26 year old man who had no pre-existing condition sustained damage to his lumbar spine in a fall. He suffered from constant lumbar pain and also sudden shooting pains through his left buttock and thigh to his knee. He developed an abnormal pain disorder, and was forced to retire from work on medical grounds about nine months after his accident.
Held: Where an accident victim had a pre-disposition to suffer pain and inability to work despite absence of actual physical cause, the psychological damage was claimable in damages.
Times 08-Jun-1998, 1999 SLT 539
Cited – Iseabal Emslie v Anne Bell OHCS 12-Aug-2004
The defender had driven into the back of the pursuer’s car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee.
Held: The pursuer’s accounts of her injuries had not been entirely . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Scotland, Damages
Updated: 19 May 2022; Ref: scu.78751