Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

The court found, on the balance of probabilities, that Peter Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of working in close proximity to laggers handling asbestos materials, and that this exposure was due to the defendants' breach of duty, materially increasing his risk...

Source-derived case information.

Citation
[2020] EWHC 3431 (QB)
Parties
Claimant: Jacqueline Pinnegar (Executrix of the Estate of Peter Skeen, Deceased); First Defendant: Kellogg International Corporation; Second Defendant: ICI Chemicals & Polymers Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2020
Procedural Posture
Personal Injury / Fatal Accidents Claim / High Court Trial, Final Judgment
Outcome
Judgment for the claimant
Legal Topics
Asbestos Exposure, Mesothelioma, Employer's Liability, Breach of Statutory Duty, Breach of Common Law Duty, Causation, Assessment of Witness Reliability
Tort Law Personal Injury Law Occupational Disease Asbestos Exposure Mesothelioma Employer's Liability Breach of Statutory Duty Breach of Common Law Duty +2 more

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Parties

Jacqueline Pinnegar (Executrix of the Estate of Peter Skeen, Deceased)

Claimant

Kellogg International Corporation

First Defendant

ICI Chemicals & Polymers Limited

Second Defendant

Procedural Posture

Personal Injury / Fatal Accidents Claim / High Court Trial, Final Judgment

Legal Issues

  1. 1 Whether the deceased, Peter Skeen, was exposed to asbestos during his employment with the defendants at the Wilton site in 1966/67
  2. 2 Whether such exposure was caused by breach of statutory and/or common law duty by the defendants
  3. 3 Whether the exposure materially increased the risk of developing mesothelioma

Ratio Decidendi

The court found, on the balance of probabilities, that Peter Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of working in close proximity to laggers handling asbestos materials, and that this exposure was due to the defendants' breach of duty, materially increasing his risk of developing mesothelioma. The claimant's evidence was accepted as broadly reliable and consistent with the documentary and expert evidence.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay the agreed sum of £180,000 in damages to the claimant