Garner v Salford City Council & Anor [2013] EWHC 1573 (QB) (13 June 2013)

Garner v Salford City Council & Anor [2013] EWHC 1573 (QB) (13 June 2013)

The claimant failed to prove on the balance of probabilities that she was exposed to asbestos fibres as a result of the defendants' demolition activities, as the evidence showed that precautions were taken to prevent the release of asbestos dust and the likelihood of exposure was minimal.

Source-derived case information.

Citation
[2013] EWHC 1573 (QB)
Parties
Claimant: Penelope Garner; First Defendant: Salford City Council; Second Defendant: P McGuiness and Company Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2013
Procedural Posture
Personal Injury/negligence / Trial Judgment
Outcome
Claim dismissed; judgment for the defendants.
Legal Topics
Mesothelioma, Asbestos Exposure, Causation, Negligence, Occupational Disease
Tort Law Personal Injury Mesothelioma Asbestos Exposure Causation Negligence Occupational Disease

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Parties

Penelope Garner

Claimant

Salford City Council

First Defendant

P McGuiness and Company Limited

Second Defendant

Procedural Posture

Personal Injury/negligence / Trial Judgment

Legal Issues

  1. 1 Whether the claimant was exposed to asbestos fibres as a result of the defendants' demolition activities
  2. 2 Whether such exposure caused or materially increased the risk of mesothelioma
  3. 3 Whether the defendants breached their duty of care in the demolition process

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that she was exposed to asbestos fibres as a result of the defendants' demolition activities, as the evidence showed that precautions were taken to prevent the release of asbestos dust and the likelihood of exposure was minimal.

Court Disposition

Claim dismissed; judgment for the defendants.

Orders

  • Claim dismissed
  • Judgment for the defendants