A Fife Council worker has been given the go-ahead to sue the local authority for £50,000 after he was injured during a team-building day out.
Stuart Grant was unable to work after the alleged incident at Barry Buddon Army assault course in 2009.
The social care worker is suing Fife Council as organisers of the event and the Ministry of Defence, which owns and operates the course where the incident happened.
The action was remitted to the Court of Session after Fife Council lodged a motion to debate the relevancy of Mr Grant’s pleadings. It appears the MoD is content the action can go to proof.
Lord Stewart decided the case, a personal injuries action for damages, can proceed to proof where the evidence will be heard.
Mr Grant was one of a 16-strong team who travelled to Barry Buddon on June 26 2009 for the team-building event.
They faced 17 obstacles on the assault course, one of which was a set of monkey bars parallel bars eight feet off the ground which straddled a ditch.
While swinging from one bar to the next, Mr Grant lost his grip and fell into the ditch.
Legal submissions made on his behalf claim there was a specific problem with the obstacle on that day the ditch was only partially filled with water. The implication is that had it been full, the water would have absorbed Mr Grant’s fall and the risk of injury would have been reduced.
Mr Grant was said to have injured his right knee, rupturing his anterior cruciate ligament and spraining postero-lateral ligaments.
leclark@thecourier.co.uk