Pinnegar v Kellogg International Corporation & Anor

Pinnegar v Kellogg International Corporation & Anor

Mr Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of the defendants' tortious acts, materially increasing his risk of developing mesothelioma, thereby establishing liability.

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
Civil / Judgment
Outcome
Claim succeeds; judgment for claimant
Legal Topics
Asbestos Exposure, Mesothelioma, Employer's Liability, Statutory Duty, Common Law Duty, Fatal Accidents Act 1976, Law Reform (miscellaneous Provisions) Act 1934
Tort Personal Injury Employment Law Asbestos Exposure Mesothelioma Employer's Liability Statutory Duty 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

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Skeen was exposed to asbestos during his employment at Wilton site
  2. 2 Whether the defendants breached statutory and common law duties owed to Mr Skeen
  3. 3 Whether exposure materially increased Mr Skeen's risk of developing mesothelioma

Ratio Decidendi

Mr Skeen was exposed to asbestos dust during his employment at the Wilton site as a result of the defendants' tortious acts, materially increasing his risk of developing mesothelioma, thereby establishing liability.

Court Disposition

Claim succeeds; judgment for claimant

Orders

  • Judgment for claimant in the agreed sum of £180,000