“The evidence which I heard from the pursuer’s expert witness Dr Lavingia…assisted me in concluding…that if the scaffold structure including the hop ups had been put together properly with the tie bars hammered correctly into place this accident could not have occurred. The evidence from a number of witnesses was that the structure would be completely stable in that event and tie bars and boards simply could not have been dislodged. I was therefore satisfied on the evidence that the only explanation as to how the accident occurred is that the tie bar was (a) not there at all or (b) in position but not properly secured”.
Friday, 6 December 2013
Straight from the judges mouth
“The evidence which I heard from the pursuer’s expert witness Dr Lavingia…assisted me in concluding…that if the scaffold structure including the hop ups had been put together properly with the tie bars hammered correctly into place this accident could not have occurred. The evidence from a number of witnesses was that the structure would be completely stable in that event and tie bars and boards simply could not have been dislodged. I was therefore satisfied on the evidence that the only explanation as to how the accident occurred is that the tie bar was (a) not there at all or (b) in position but not properly secured”.
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