Train driver sues over bruised nail

Ms Morrison says her fingernail fell off

A train driver is suing ScotRail for £15,000 after she bruised a fingernail while adjusting the seat in her cab.

Jacqueline Morrison claims the amount is "a reasonable estimate" of her loss.

But the rail company described the damages claim as "excessive" and said the 29-year-old's injury was "trivial".

Ms Morrison, of Langton View, East Calder, West Lothian, has launched her action at Scotland's supreme civil court, the Court of Session.

ScotRail will contest the action

She said the accident occurred on 6 June 1998 while she was in the driver's cab.

She said the second finger on her left hand became caught as she tried to adjust the seat.

Ms Morrison argued that the seat was unsafe and had not been kept in good repair.

She also contends that the train company failed to provide her with "safe and suitable plant and equipment".

In her action, Ms Morrison said ScotRail had settled the claims of two other employees involved in similar accidents.

Bruised fingernail

She said her fingernail was bruised and fell off about 10 weeks later.

It took about six months for a new nail to completely regrow.

The train driver claims she suffered pain and inconvenience and had to take painkillers, while also finding it difficult to drive her car.

ScotRail said Ms Morrison had reported a bruised fingernail, but that no first aid was required.

The case will be heart at the Court of Session

In its defences, the company argues that the damages she is seeking are "excessive".

The action came before Lord Marnoch at a preliminary stage at the Court of Session.

ScotRail was seeking to have the case transferred to the sheriff court.

However, Ms Morrison's lawyers argued that there was a legal precedent for such an action to go ahead in the supreme civil court.

Lord Marnoch said this was "surprising" but refused ScotRail's motion.

No date has yet been set for the hearing.