Sabin v BRB (Residuary) Ltd

Sabin v BRB (Residuary) Ltd

On the balance of probabilities, the deceased's pulmonary fibrosis was caused by occupational asbestos exposure (asbestosis), not idiopathic UIP. The claimant's exposure exceeded the accepted threshold, fibre and asbestos body counts (by digestion method) were within the Duke University Grade 4 asbestosis reference...

Source-derived case information.

Parties
Claimant: Della Sabin (suing as widow and executrix of the Estate of Leslie Sabin, deceased); Defendant: BRB (Residuary) Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
judgment for the claimant
Legal Topics
Asbestosis, Causation, Damages, Occupational Exposure, Medical Evidence
Tort Personal Injury Occupational Disease Asbestosis Causation Damages Occupational Exposure Medical Evidence

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Parties

Della Sabin (suing as widow and executrix of the Estate of Leslie Sabin, deceased)

Claimant

BRB (Residuary) Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the deceased's pulmonary fibrosis was caused by occupational asbestos exposure (asbestosis) or was idiopathic (UIP)
  2. 2 Whether the medical and pathological evidence supports a finding of asbestosis on the balance of probabilities

Ratio Decidendi

On the balance of probabilities, the deceased's pulmonary fibrosis was caused by occupational asbestos exposure (asbestosis), not idiopathic UIP. The claimant's exposure exceeded the accepted threshold, fibre and asbestos body counts (by digestion method) were within the Duke University Grade 4 asbestosis reference range, and clearance over time explained lower counts relative to the Llandough range. The presence of atypical morphological features does not preclude a diagnosis of asbestosis where fibre burden and exposure history support it.

Court Disposition

judgment for the claimant

Orders

  • Defendant to pay the agreed sum of £100,000 in damages to the claimant.