Lola Merle Evans v Queanbeyan City Council and Anor [2010] NSWDDT 7

Lola Merle Evans v Queanbeyan City Council and Anor [2010] NSWDDT 7

The plaintiff failed to prove on the balance of probabilities that asbestos exposure materially contributed to Mr Evans' lung cancer. The Tribunal found Mr Evans' smoking history was heavy and his evidence about smoking and asbestos exposure was unreliable. On generous assumptions, his cumulative asbestos exposure was assessed at 21.9 fibre/ml/years, below the level used in the epidemiological evidence to double the risk for asbestos cement exposure. The epidemiological evidence indicated that, statistically, it was more probable that his lung cancer occurred independently of asbestos exposure, and the medical and biological evidence did not establish that any asbestos contribution in his...

Jurisdiction
Australia
Judgment Date
20 April 2010
Procedural Posture
Negligence Claim in the Dust Diseases Tribunal Concerning Alleged Asbestos Related Lung Cancer / Final Judgment After Hearing
Outcome
Judgment for the defendants.
Legal Topics
['causation' 'material Contribution' 'asbestos Exposure' 'smoking and Lung Cancer' 'expert Epidemiological Evidence']
['torts' 'negligence' 'dust Diseases' 'personal Injury'] ['causation' 'material Contribution' 'asbestos Exposure' 'smoking and Lung Cancer' 'expert Epidemiological Evidence']

Case Brief

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Procedural Posture

Negligence Claim in the Dust Diseases Tribunal Concerning Alleged Asbestos Related Lung Cancer / Final Judgment After Hearing

Legal Issues

  1. 1 ["Whether asbestos fibre liberated from Amaca Pty Limited building products materially contributed to Mr Henry Evans' lung cancer." "Whether Queanbeyan City Council was liable in negligence for asbestos exposure during Mr Evans' employment." "Whether, in light of Mr Evans' smoking history and asbestos exposure, causation was proved on the balance of probabilities."]

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that asbestos exposure materially contributed to Mr Evans' lung cancer. The Tribunal found Mr Evans' smoking history was heavy and his evidence about smoking and asbestos exposure was unreliable. On generous assumptions, his cumulative asbestos exposure was assessed at 21.9 fibre/ml/years, below the level used in the epidemiological evidence to double the risk for asbestos cement exposure. The epidemiological evidence indicated that, statistically, it was more probable that his lung cancer occurred independently of asbestos exposure, and the medical and biological evidence did not establish that any asbestos contribution in his...

Court Disposition

Judgment for the defendants.

Orders

  • ['Judgment for the defendants.' "Plaintiff to pay the defendants' costs."]