James Currie+margaret Currie+euan Currie V. Esure Services Limited

JurisdictionScotland
JudgeLady Wise
Neutral Citation[2014] CSOH 34
CourtCourt of Session
Published date21 February 2014
Docket NumberPD2432/12
Date21 February 2014

OUTER HOUSE, COURT OF SESSION

[2014] CSOH 34

PD2432/12

OPINION OF LADY WISE

in the cause

(FIRST) JAMES CURRIE; (SECOND) MARGARET CURRIE and (THIRD) EUAN CURRIE

Pursuers;

against

ESURE SERVICES LIMITED

Defenders:

________________

Pursuers: L Dunlop QC; Allan McDougall

Defender: Murphy QC; Simpson & Marwick

21 February 2014

Introduction

[1] The first pursuer is the father of the late Gavin Currie ("Gavin"/"the deceased") who died on 30 December 2011 following an accident on 28 December when, as a pedestrian, he was hit and fatally injured at a zebra crossing. The first pursuer sues as executor dative and as an individual. The second pursuer is the mother of the deceased and the third pursuer is the older brother of the deceased.

[2] The defenders admit liability for the accident and no issue of contributory negligence arose at the proof before me. In summary, the deceased was walking on a pedestrian crossing in Main Street, Neilston, Glasgow shortly after 10pm on 28 December 2011. A Ford motor vehicle driven by the defenders' insured failed to stop at the pedestrian crossing. The female driver had failed to notice the deceased. She hit him with her car fatally injuring him. Having been taken by ambulance to the Royal Alexandra Hospital, Glasgow that night, Gavin Currie died as a result of his injuries on 30 December 2011. Prior to proof, damages to be awarded to the first pursuer qua executor dative were agreed in the sum of £7,211 inclusive of interest and the issue of contention between the parties that requires determination is the level of loss of society awards to all three pursuers. Senior counsel for the defenders intimated at the outset of the proof that he did not intend to lead any evidence.

Evidence for the pursuers

[3] The second pursuer, the deceased's mother, was led in evidence first. She was 60 years old at the date of proof and confirmed that she, her husband, her surviving son and most of her extended family hailed from Neilston, a small village close to Paisley in Renfrewshire. She and her husband, the first pursuer, married in 1977 and their older son Euan was born in 1983. While Euan still lives in the area, he has resided in his own accommodation for about 7 years. The deceased, Gavin, was born on 13 January 1986 making him about 21/2 years younger than his older brother. The second pursuer described the brothers as "different but inseparable". The older boy Euan was prone to get into trouble from time to time but Gavin appears to have been a sensible and mature boy from a very young age. The boys were close to their grandparents who lived locally but who had died prior to the accident in 2011. Gavin attended a local primary school and then completed his secondary education at Eastwood High School in Newton Mearns. He was a good pupil who worked hard and was interested in a number of activities. He was involved with a close group of friends of both sexes from childhood. The Curries were a close knit family and various photographs lodged in process and spoken to by the second pursuer are consistent with that. The family managed to enjoy good family holidays. As the second pursuer works as an office administrator for an airline she obtained certain perks which assisted that. Mrs Currie spoke of her deceased son as a very kind boy who looked out for both the old and the young. He helped his grandmother with shopping when she required it and he was known as the responsible member in his social group. One of his best friends asked him to be a godfather to his young child.

[4] At home the two brothers shared a room until Euan left home in about 2006. Gavin worked well at school and his ambition from an early age was to be an electrician like his father. He was apprenticed with Balfour Beatty. Just after his apprenticeship was completed he was sent to Oxford to work but came home every second weekend to see his parents. Mrs Currie described driving as Gavin's passion and he had secured his driving licence aged 17. Following the period in Oxford Gavin travelled all over the UK with his work. He was involved in working on the electrical aspects of wind farms. He "hated" being away from home and would commute fairly long distances rather than stay away. His last job was in Dingwall which was clearly too far to commute so he would leave very early on a Monday morning and drive home on a Friday. He had been working in Dingwall for several months by the time of his death. Although Gavin had been far less interested in playing football than his older brother, he did support the local Neilston Juniors team and was a loyal follower of them as an adult. He was also involved in a relationship with Lisa Walker of whom Mr and Mrs Currie were very fond. The relationship was a serious one and Mrs Currie explained that after Gavin's death she had discovered that they had planned to get married and have a family.

[5] The date of the accident, 28 December 2011, was a Wednesday. Gavin had taken a three week break from work to be with his family at the festive period. He and his friends had been watching football and then had gone out for a drink. Gavin had left the group to take money out from a cash machine in the Main Street of Neilston. The second pursuer was at home and had texted Gavin but he had not responded. The doorbell then rang frantically and April, Euan's girlfriend, was at the door. She told Mr and Mrs Currie that Gavin had been knocked down. The second pursuer could not bear to see her son lying in the street but she was taken by her brother and April to the Royal Alexandra Hospital in Paisley. The first pursuer and several of the deceased's friends gathered at the hospital. At some point the first pursuer, who had spoken with the doctors, held his wife and told her that there was nothing more that could be done for their son. They and their son Euan were all allowed into the room in the hospital where they took turns at sitting with Gavin. They stayed at the hospital all night and well into the next morning when they gave permission for organ donations. The second pursuer was too distraught to watch Gavin take his last breath.

[6] A humanist service was held on 12 January 2012, the day before what would have been Gavin's 26th birthday. The second pursuer spoke to the funeral order of service, no.6/3 of process, and a letter from an organ recipient who had been helped as a result of the donation (no. 6/14 of process).

[7] The second pursuer felt unable to return to work until March 2013. She reduced her hours but continues to work at Glasgow Airport. She explained that she still cries every night and feels she cannot come to terms with the loss of her son. She described herself as a changed person, every day is a struggle and she feels unable to attend family functions. She receives some medication from the doctor to help her sleep but it was of little assistance. She has been unable to remove Gavin's clothes from his room. While offered counselling, the second pursuer has not taken it up. She considers there to be no cure for her loss. She and her husband attended the court proceedings against the driver of the vehicle that killed their son. The first and second pursuers have enjoyed a very strong marriage. The loss of their son has at times brought them even closer together although at other times it has caused a strain. Mrs Currie described the struggle that her surviving son Euan had suffered in trying to come to terms with his brother's death. He was still unable to go up to Gavin's bedroom when he came to visit. Euan and his partner April became parents in November 2012 and the first and second pursuers became grandparents as a result. However, Euan and April have separated and Mr and Mrs Currie have not seen the baby for some months. Mrs Currie was not cross examined on behalf of the defenders.

[8] James Currie, the first pursuer, gave evidence that he was 61 years old at the date of proof and an electrician. Again he described his deceased son Gavin as very different to his older son Euan. Gavin was particularly interested in electronics from a young age and wanted to know how things worked, while Euan was interested in football. Mr Currie had been keen for Gavin to go on to attend university but it was clear when he was 16 years old that he wanted to embark on a career as an electrician. Mr Currie was clearly proud of Gavin having secured one of only three apprenticeships offered by Balfour Beatty in Scotland. Mr Currie shared a number of interests with Gavin. They went hillwalking together and they were both keen on politics and current affairs. The first pursuer is quite an active trade unionist and Gavin was very interested to learn about that once he started work himself. Mr Currie explained also that Gavin became interested in ecological matters and they would have many discussions about green energy as opposed to nuclear energy and related matters. As Gavin had been involved in the development of a wind farm on Eaglesham Moor and had been working there from the outset of the project, the company had used him in promotional literature and he had received awards. Mr Currie described Gavin as an excellent swimmer who kept himself fit. Much of the information spoken to by his wife was confirmed in the first pursuer's evidence.

[9] So far as the accident was concerned, Mr Currie described the circumstances in which he and his wife had been told of it, their attendance at the hospital, breaking the news to his wife that there was nothing that could be done for Gavin and the process of organ donation, all of which he found extremely harrowing. His wife had disappeared for a while after she had been told the news and he described her as having a breakdown. Initially, the first pursuer had taken three to four weeks off work following Gavin's death to cope with his bereavement. However, as the second pursuer and Euan were not coping very well, he ended...

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4 cases
  • Martha Young Against Arthur Macvean
    • United Kingdom
    • Court of Session
    • 29 Septiembre 2015
    ...v Esure Services Ltd where, at first instance, Lady Wise awarded a sum of £42,000 to each parent for the loss of their 25 year old son: [2014] CSOH 34. The Lord Ordinary in the present case had been aware of Lady Wise’s decision but did not have the benefit of the opinion of the court deliv......
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  • Martha Sarah Young Against Arthur Macvean
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    • Court of Session
    • 26 Agosto 2014
    ...The purpose was to bring to my attention two cases recently decided. The first was a decision by Lady Wise in Currie v Esure Services Ltd 2014 CSOH 34 where a sum of £42,000 was awarded to each parent for the loss of their 25 year old son. The second case concerned a jury trial of 23rd May ......
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    ...the object of the exercise in establishing the new system of guidance. [13] Mr Lloyd directed my attention to Currie v Esure Services Ltd 2014 CSOH 34. In this case the Lord Ordinary made certain obiter comments, which he accepted could be interpreted as being at odds with the second point ......

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