David Anthony Morgan v BI (Contracting) Pty Ltd and anor [2004] NSWDDT 43

David Anthony Morgan v BI (Contracting) Pty Ltd and anor [2004] NSWDDT 43

The plaintiff's mesothelioma was caused by exposure to asbestos dust and fibre from the first defendant's renovation works during his employment with the second defendant; each defendant owed him a duty and unreasonably failed to protect him from dangerous fibres, so judgment was entered for the plaintiff with damages assessed at $392,992.

Jurisdiction
Australia
Judgment Date
29 October 2004
Procedural Posture
Dust Diseases Personal Injury Damages Claim / Ex Tempore Judgment
Outcome
Verdict and judgment for the plaintiff against the defendants in the sum of $392,992.
Legal Topics
['mesothelioma' 'asbestos Exposure' 'duty to Protect From Asbestos Fibres' 'general Damages' 'loss of Expectation of Life' 'wage Loss' 'griffiths V Kerkemeyer Damages' 'future Hospital and Medical Expenses']
['tort Law' 'negligence' 'personal Injury Damages'] ['mesothelioma' 'asbestos Exposure' 'duty to Protect From Asbestos Fibres' 'general Damages' 'loss of Expectation of Life' 'wage Loss' 'griffiths V Kerkemeyer Damages' 'future Hospital and Medical Expenses']

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Procedural Posture

Dust Diseases Personal Injury Damages Claim / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the plaintiff contracted mesothelioma in consequence of exposure to asbestos dust and fibre from renovation works carried out by the first defendant while employed by the second defendant.' 'Whether each defendant owed and breached a duty to protect the plaintiff from the effects of dangerous asbestos fibres.' 'The assessment of damages, including general damages, wage loss, Griffiths v Kerkemeyer damages, therapeutic aids, and future hospital and medical expenses.']

Ratio Decidendi

The plaintiff's mesothelioma was caused by exposure to asbestos dust and fibre from the first defendant's renovation works during his employment with the second defendant; each defendant owed him a duty and unreasonably failed to protect him from dangerous fibres, so judgment was entered for the plaintiff with damages assessed at $392,992.

Court Disposition

Verdict and judgment for the plaintiff against the defendants in the sum of $392,992.

Orders

  • ['Verdict and judgment for the plaintiff against the defendants in the sum of $392,992.']