A stonemason has launched a compensation claim after he fell ten feet while working on a Scottish castle in 2009.
Malcolm Hutcheon, 41, fell into the dry moat section of the Aberdeenshire ruin causing a severe injury to his left leg. He required surgery to fix problems with the leg two years later.
The papers, lodged at the Court of Session in Edinburgh, are seeking damages from Historic Scotland, the organisation which looks after Scotland’s historic monuments.
The papers claim Mr Hutcheon is now disadvantaged in the labour market and Historic Scotland did not take reasonable care of him.
Mr Hutcheon said: “I was aware the timber boards had been replaced and the temporary ones looked in bad condition. I started pushing the wheelbarrow and about half-way across, the beam just gave way. I fell straight down about ten feet into the pit, landing square on my feet and ankles. I felt the shock of the impact go right through my body. I couldn’t get up or put weight on it. So I was lying there bawling for help. It was 15 minutes before anyone realised I was missing.”
Due to the swelling of Mr Hutcheon’s ankle, doctors were unable to gauge the true extent of the damage for a few weeks.
Mr Hutcheon continued: “They said there wasn’t a break on my ankle but I was convinced there was something seriously wrong with my knee.
“There’s not a day when I’m not in pain. I’m limping when I walk and I can’t walk long distances and I really struggle on rough terrain.
“At work I cannot carry anything over ten kilos, I can’t climb ladders or scaffolding. I’m basically not allowed to do my job. I’ve been doing general site maintenance for two and a half years. I’ve lost three years of my life and that’s time I’ll never get back.”
According to the legal papers, Mr Hutchinson is claiming for loss of past and future wages as he can no longer walk long distances or climb ladders.
Lawyers for Historic Scotland have not disputed the cause of the accident but say the sum sued for is excessive.