The family of a Fife girl whose skull was fractured by a falling rolling pin are seeking up to £100,000 in damages from Boots UK after the company admitted responsibility for the accident.
Little Alyssa Burns, from Lochgelly, was only 18 months old when she was struck by the heavy duty instrument which fell from a third-floor window where a Boots employee was washing kitchen equipment in the staff canteen.
Alyssa was being cared for by her grandmother, Margaret Howieson, outside the shop in her buggy when the incident took place in April 2008. Big sister Nicole (then 11) was also standing outside the store.
Her mother, Claire Burns (32), and Alyssa’s grandad, Harry Howieson, who were in Boots at the time, ran out of the shop as soon as it happened and Alyssa was rushed to Ninewells Hospital where an X-ray and CT scan revealed she had a fractured skull and internal bleeding.
Fortunately, Alyssa recovered from her ordeal but has been left with a permanent bump on her head.
Claire is now seeking compensation for Alyssa’s injuries and also for the long-term effect they have had on her personally, including significant stress and alarm.
Alyssa’s grandparents, Harry (67) and Margaret (63), are also seeking damages for post traumatic stress disorder in the action at the Court of Session in Edinburgh.
Claire told The Courier: ”What happened to Alyssa is not something any mother would find it easy to get over. To see your child go through so much suffering is unbearable and has really affected me.”
Claire recounted how, for a long time after the accident, she and her husband John Paul (33) had to watch Alyssa endure months upon months of pain, headaches and balance problems, not to mention hospital appointments and tests, not knowing whether there was going to be any long-term damage.
”Thankfully her last CT scan showed that she is OK but I still worry about her and she often asks about her bump when I am brushing her hair and how she got it and it brings it all back.”
Claire’s dad Harry said he too has struggled to get over the events of that day.
He said: ”I have been seeing a psychiatrist because I keep having flashbacks about what happened and I have since been diagnosed with post traumatic stress disorder. My wife has also become very anxious after what happened it has definitely affected her too.”
Following the accident, the firm admitted a breach of health and safety regulations and was fined £6,500 at Dundee Sheriff Court a sum that has always been regarded as unjust by the Burns family and Mr and Mrs Howieson.
In the civil action Boots has admitted liability to compensate for the injury to Alyssa, but beyond that denies liability maintaining the other claims are too remote.
It claims the mother and grandparents are ”secondary victims” and that emotional reactions suffered by people in that category do not give rise to a liability for damages.
The case called before Lord Stewart at a preliminary stage on Thursday.
Lawyers for Boots wanted to have it transferred from a simplified procedure because of ”the likely need for detailed pleadings” and a likelihood that one or more of the claims would be dismissed at a procedural stage, but the judge refused the motion on the grounds that exceptional reasons had not been made out for changing the type of procedure in the action.
Lord Stewart said his decision was substantially based on a statement from counsel acting for the family that their case would be adjusted to include claims of a recognised psychiatric injury on the part of the mother and grandfather.
The judge was told expert reports have been obtained for them and on that basis the pleadings would be altered to maintain that each suffered post traumatic stress disorder.
Claire said: ”At the end of the day, all we have ever wanted was justice for our daughter and to ensure she feels safe and well and happy, despite what happened to her. She is our main priority.”
The Courier understand Boots have until November 22 to submit a settlement offer.