Ferguson v Ferguson

Personal injury – Jury trial – Contributory negligence – Damages. Court of Session: Refusing a motion for a new trial in an action by a pursuer who was bitten on her lip by her brother-in-law's dog, a jury having awarded damages of £5,000 in respect of solatium, concluded that the accident was partly due to the fault of the defender and partly the fault of the pursuer, and allocated 85% of the fault to pursuer and 15% to defender, the court held that the jury's conclusion that responsibility for her injury lay almost entirely with the pursuer was not one with which it was entitled to interfere, and nor did it consider that it was entitled to interfere with the jury's award.