Somerville v Harsco Infrastructure Ltd

Personal injury – Vicarious liability – Employer and employee. Sheriff Court: Refusing an appeal against a sheriff's decision by a pursuer who sustained injuries as a result of an accident in the course of his employment with the defenders when a hammer a manager had thrown at another employee struck him on the head, the court concluded that the sheriff had not erred in deciding that the defenders were not vicariously liable for the act of the manager, their employee, as it could not be said that his reckless act occurred in the course of his employment.

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