A Dundee teacher who was knocked out after being struck by a wooden partition in the classroom has been awarded £5,250 compensation by a Court of Session judge.
Fenrir Thorvaldsen,47, took legal action against his bosses after losing consciousness during a lesson at Craigie High School in Dundee on August 22, 2017.
Judge Lord Harrower heard how learning support teacher Mr Thorvaldsen claimed he suffered concussion, debilitating headaches and poor mental health as a consequence of the accident.
However, the court also heard the pursuer – who changed his name to Fenrir Thorvaldsen in 2017 – had suffered from poor mental health and headaches in the years leading up to the incident.
Lord Harrower also heard Mr Thorvaldsen had been warned by doctors about his use of codeine and its possible role in giving him headaches.
The council admitted liability but denied full responsibility for the injuries.
History of migraines
Lawyers for Dundee City Council told Lord Harrower medical evidence also showed Mr Thorvaldsen’s injuries from being knocked out had been resolved within seven weeks of the incident.
It was also pointed out he had returned to the gym and even led a martial arts lesson on September 12.
He returned to work but continued to complain of pain and returned to hospital for a scan in March 2020 and was signed off work the following month.
Lord Harrower noted in a written judgement he had heard in evidence Thorvaldsen was “very low” on his wedding day in June 2020.
He was signed off again that August and has not returned to work.
“The pursuer has continued to suffer from migrainous headaches, low mood and
depression,” Lord Harrower wrote.
Teacher claimed £45,000
Lawyers for Mr Thorvaldsen – who also acts as a mixed martial arts coach and helped to run a MMA club for disadvantaged children in Dundee – asked the court to award their client £45,000 compensation.
However, Lord Harrower rejected the request and said £5,250 was an appropriate figure for damages.
In a written judgement issued on Thursday, Lord Harrower said: “The pursuer was already suffering from headaches prior to the accident, and was taking painkillers in relation to these.
“Nor do I find it proved on a balance of probabilities that the pursuer was consistently suffering from debilitating headaches during the period when he was suffering post- concussion syndrome, or in the months immediately following his recovery from that syndrome.”
