Thorvaldsen v Dundee City Council [2021] ScotCS CSOH 120

The case: The pursuer, a teacher was struck on the head by a wooden partition, knocking him to the floor and rendering him briefly unconscious. He sought to recover damages from his employer. He claimed to have suffered a concussive head injury, followed by dizziness and confusion, debilitating headaches, and ultimately an exacerbation of his poor mental health, characterised by him in these proceedings as a recurrent depressive disorder and a somatic symptom disorder, from which he continued to suffer. The defenders said that the pursuer's injuries were limited to a concussive head injury and associated post - concussion symptoms, all of which resolved themselves within a period of about 7 weeks following the accident. The principal difficulty related to the evidence of the pursuer, whose persistent headaches, if they had an organic basis at all, could not be traced to any neurological injury sustained as a result of the accident.

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