A worker won more than £11,000 from a Dundee engineering firm following a shoulder injury that left him off work for six months.
William Cullen was employed by local firm Scan Building Services Ltd — an engineering company based on Byron Street — when he was injured at work.
The incident led the worker to sue the company for personal injury — seeking £52,000 compensation for suffering an “acute rotator-cuff injury” after tripping over a pallet truck.
The personal injury court heard the pursuer’s valuation totalled just over £38,000 with a loss of employability claim valued at £14,000.
The court also heard the claim valuation was based on the terms of an orthopaedic report
The company denied liability had been established and also disputed the figure being claimed.
Mr Cullen and his representatives settled for a sum of £11,750.
The court heard both parties agreed to most of the facts of the case, but the settlement agreement reflected a degree of contributory negligence on the part of Mr Cullen to his injury.
The company, however, did not admit liability.
The firm contended that Mr Cullen had been walking backwards at the time of the accident.
Mr Cullen, however, maintained he had been walking forwards at the time.
The court heard Mr Cullen had subsequently made a “good recovery” and was now back working for the firm.
As part of the court action, Mr Cullen had included a claim for loss of employability, however the court rejected the motion as he had remained in his pre-accident employment.
In his judgment, Sheriff Kenneth McGowan said: “The case was of importance to the pursuer.
“He had worked for the defenders for 37 years and was still employed by them.
“In these circumstances, the way the case was prepared and presented required skill and care.
“The pursuer was keen to obtain compensation that was sensitive to the fact that this was a claim brought against his employers.”
Scan Building Services Ltd opened its doors in July 1980, and operates in the construction industry as a specialist building and engineering services contractor.
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