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The Sheriff Principal, having resumed consideration of the cause, refuses the pursuer's appeal and sustains the defenders' cross-appeal; amends the findings in fact contained in the sheriff's interlocutor dated 10 March 2009 as follows:
(1) By inserting a new finding in fact 8: "Plantar fasciitis is widely regarded as an age related degenerative condition of the foot. It is most likely to affect those between the ages of 40 and 60 years and can occur in the absence of any other risk factors".
(3) By deleting the word "possible, and by adding in finding 11 (as (re-numbered) and substituting "possible", and by adding at the end of said finding: "as is age related degeneration".
(4) By deleting findings 13 to 17 and re-numbering findings 18 to 20 and 14 to 16.
"The pursuer having failed to prove that any loss, injury and damage sustained by him was caused by the defenders' breach of statutory duty, the defenders are entitled to decree of absolvitor".
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