Former soldier Stuart Grant wins £70,696 in damages
- 7 November 2013
- From the section Tayside and Central Scotland
A former soldier who was injured on a team building exercise at a military assault course has been awarded £70,696 in damages.
Stuart Grant, 50, was part of a group of Fife Council employees taking part in an activity day when he lost his grip on monkey bars and landed in the water below him.
The incident happened at Barry Buddon training centre in Carnoustie, Angus.
The Ministry of Defence (MoD) was found to be liable for the injuries.
Mr Grant is no longer in employment with the local authority as a care worker, and said he could not continue to do his former job because of pain after damaging his right knee.
He had served in the Army for three years from the age of 17.
He originally raised an action suing both the council and the MoD for £50,000 following the fall on the assault course in June 2009.
He then pursued a claim only against the Advocate General for Scotland, Lord Wallace of Tankerness QC, acting on behalf of the MoD at the Court of Session in Edinburgh and the sum sued for was increased to more than £100,000.
Judge Paul Arthurson QC found the MoD fully liable and awarded a total of £70,696 to Mr Grant, taking account of the pain and suffering and wage loss to the victim.
The judge ruled, after three days of evidence and submissions, that any instruction was "inadequate to mitigate the foreseeable risk" and held that Mr Grant sustained his injury as a result of a breach of legislation by the MoD.
He said Mr Grant had not been given acceptable advice about how to land safely in the water beneath the monkey bar obstacle.