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No pay-out for tyre fitter who hurt his hand at Perthshire garage

No pay-out for tyre fitter who hurt his hand at Perthshire garage

A man who injured his hand while working at a Perthshire garage has failed in his compensation bid.

Niall Stirton sought £13,000 for the injury, which happened at the Blairgowrie branch of Cupar-based Ladybank Tyres.

The Court of Session, in Edinburgh, heard that Mr Stirton lost the top of his index finger on his right hand and was off work for two months in 2011 following the incident, which occurred when he caught his hands in the spokes of a car wheel.

He claimed that he had been instructed to check the wheel for dents by spinning it.

Mr Stirton denied trying to spin the wheel by the spokes, as he said he knew that was dangerous, but maintained that he had not been trained how to carry out the operation.

Fellow employees Jamie Strike and Alistair McIntosh disputed his version of events, however.

Mr Strike said that, following a wheel alignment procedure, the customer asked him to check for a buckle, which he did by spinning the wheel and found a new wheel was needed.

He said he did not tell Stirton to spin the wheel but heard a scream as he went to lower the car from the ramp.

Mr McIntosh said he saw Stirton put his hand on the spokes while spinning the wheel and shouted at him not to do so, but it was too late.

He said he had formed the impression at the time that Stirton was just seeing how fast he could spin the wheel.

An accident report filled out by branch manager Rod Allan the following day was consistent with Mr Strike and Mr McIntosh’s version of events.

In his judgment, Lord Stewart said it was more likely that Stirton had his hands on the spokes as, if it had been on the tyre, he would have expected Sirton’s hand to hit the wheel arch.

He preferred the evidence of Mr Strike and Mr McIntosh on the incident, he added.