Court judgement draws link between asbestos exposure and lung cancer
Published on Mon 26 May 2008
A High Court Judgement has drawn a link between asbestos and lung cancer after finding in favour of a claimant who was negligently exposed to asbestos throughout his adult life.
Mr Justice Mackay decided against Bical Construction Ltd after being satisfied that Joseph Shortell (deceased) was exposed to quantities of asbestos likely to increase the chance of him developing lung cancer.
The case is particularly significant because the deceased was a one-time smoker and did not have signs of asbestosis - a condition that often precedes lung cancer. In his judgement Mr Mackay ruled that, at the estimated level of exposure, the chances of Joseph Shortell developing lung cancer had more than doubled.
In part 62 of the Judgement Mr Justice Mackay states:
"That the defendant should bear the lion's share of responsibility in a case such as this is a proposition which does not give me pause. Throughout this period it was under a duty first at common law and latterly under statutory instrument to take steps for the care of the deceased which it did not take. This primary liability should not...be emasculated by a high finding of contributory negligence.."
Justice Mackay did recognise that Joseph Shortell's history of smoking may have had a contributory effect to the cancer that killed him and allowed a 15% reduction in the total damages to be paid.
Full details of the judgement can be found at: http://www.12kbw.co.uk/docs/Shortell%20v%20Bical%20Construction.pdf
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