A battlement battle as mason defeated by castle defences sues for £200,000
ITS formidable defences were built in a more hostile age to see off the invading foe – and 700 years later it seems the fortifications of Kildrummy Castle are still claiming victims.
For one of Scotland’s top stonemasons is now suing for £200,000 damages after being badly injured falling into the castle moat.
While approaching the historic fortress armed with nothing more warlike than a wheelbarrow full of moss, Malcolm Hutcheon tumbled from a makeshift bridge. Although the moat was long since drained of water, he severely damaged his ankle and was trapped in the ditch for a quarter of an hour.
The 41-year-old was working on the Aberdeenshire ruin when the accident happened and says he plummeted almost ten feet into the dry castle moat, leaving him with serious injuries to his right leg.
He is claiming the money in damages from Historic Scotland, the quango charged with maintaining historic monuments. A year after the accident, the same organisation hailed Mr Hutcheon as the winner of the Scottish Inter-College Stone Masonry competition, chosen to travel to New York to teach young people the trade.
In papers lodged at the Court of Session in Edinburgh, lawyers for Mr Hutcheon say Historic Scotland did not take reasonable care of him on the day of the accident in January 2009, when Mr Hutcheon was part of a fourman team tasked with clearing moss from the ruined castle.
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
‘I was lying there bawling for help’
beam just gave way. I feel 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.’
It was two weeks before the swelling on Mr Hutcheon’s right ankle subsided enough for doctors to survey the extent of the damage.
‘They said there wasn’t a break on my ankle but I was convinced there was something seriously wrong with my knee,’ he said.
Mr Hutcheon says he is affected by the pain every day and though he continues to work for Historic Scotland, he is restricted to ‘light duties’.
The stone-mason – who ran a successful drystone dyking and masonry business before joining Historic Scotland – had planned on re-entering the private sector, but fears he may be unable to do so because of his injuries.
‘There’s not a day when I’m not in pain,’ he said. ‘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.’
Historic Scotland says the damages claimed are excessive, but it is willing to admit liability for ‘reasonable reparations’. It is disputing Mr Hutcheon’s injuries came from the accident, saying he has had other health problems.
‘He did not complain of pain in his right knee until October 2009,’ the quango’s lawyers say.