The Claimant was employed by the First and Second Defendants / their corporate predecessors as an apprentice pipe fitter / pipe fitter’s mate, between 1962-1970.
It was alleged that during those years the Claimant was negligently exposed to asbestos dust and that, as a result, he developed the conditions diffuse pleural thickening and rounded atelectasis. Though initially disputed, breach of duty and causation of the asbestos conditions were eventually conceded. The main issues in dispute were causation – the extent/seriousness of the injuries sustained and the likelihood of other asbestos conditions developing in the future – as well as the amount of damages.
It was ultimately accepted in this case that there was a risk that one or more serious condition(s) may develop in the future – asbestosis, lung cancer or mesothelioma. Skinners were able to settle the case for on a provisional basis, so that in addition to the substantial damages recovered, in the event of the later onset of a more serious condition, the right to seek a further award was preserved.