A mechanical engineer is suing Dundee City Council for more than £20,000 after he slipped and fell in an icy car park.
Alan Cairns, 59, of Monifieth, had to undergo surgery after taking a tumble at Queen Street car park in Broughty Ferry.
Lawyers are preparing to take his case to the Court of Session in Edinburgh in May to argue that the area had not been gritted or salted when they claim it should have been.
Following the incident Mr Cairns was taken to Ninewells Hospital where he underwent surgery for a stress fracture and other injuries to his left leg and hip.
It is understood the damage caused led to ongoing pain and discomfort for Mr Cairns.
This is said to have particularly affected his ability to work as a mechanical engineer at oilfield service company, Halliburton.
It is believed Mr Cairns’ solicitors at Digby Brown are arguing that Dundee City Council, the operators at Queen Street, had an obligation to monitor weather conditions and have plans in place to clear or treat ice in its public car parks.
At the time of the incident on December 1 2012 the council had a contractor in place — Tayside Contracts — to do that.
Solicitors allege that weather forecasts in the 24-hour period before the accident showed sub-zero temperatures were due and as a result there was a heavy frost that developed on the night between November 30 and December 1.
They argue that should have led to a busy car park such as the one at Queen Street being treated and the failure to do so was an alleged breach of their duties of reasonable care.
Mr Cairns was unable to be reached by the Tele before going to press today.
A spokesman for Dundee City Council said: “We do not comment on on-going legal proceedings.”
Since September 22 2015, the Court of Session has only dealt with legal bids worth over £100,000, but they are dealing with Mr Cairns’ case as it was lodged before the new rules came into force and they dealt with matters of £5,000 and over.
It is understood Mr Cairns could receive a payment of more than £20,000 if a judge agrees there was a breach in Dundee City Council’s duty of reasonable care.
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