Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) (12 July 2017)

Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) (12 July 2017)

The deceased's death was caused by an acute ischaemic event triggering ventricular fibrillation, which would probably have been avoided had he undergone CABG surgery as planned. The Defendant's breach of duty in exposing the deceased to asbestos, causing mesothelioma, led to the cancellation of surgery and materially contributed to his death. Life expectancy is to be assessed by the retrospective method, resulting in a 19.5-year expectation. The Claimant is not entitled to damages for dependency on services but is entitled to an award for loss of partner's care and attention.

Citation
[2017] EWHC 1517 (QB)
Parties
Claimant: Deborah Magill (Executor of Colin Stuart Magill deceased); Defendant: Panel Systems (DB Limited)
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Personal Injury/dependency Claim / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Asbestos Exposure, Mesothelioma, Causation, Loss of Dependency, Life Expectancy Assessment, Damages Calculation
Tort Law Personal Injury Dependency Claims Asbestos Exposure Mesothelioma Causation Loss of Dependency Life Expectancy Assessment +1 more

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Parties

Deborah Magill (Executor of Colin Stuart Magill deceased)

Claimant

Panel Systems (DB Limited)

Defendant

Procedural Posture

Personal Injury/dependency Claim / High Court Trial Judgment

Legal Issues

  1. 1 What was the cause of the cardiac arrest which precipitated the death of the deceased?
  2. 2 Would the cardiac arrest have occurred when it did if the deceased had undergone CABG surgery as planned?
  3. 3 What would have been the deceased's life expectancy but for mesothelioma?

Ratio Decidendi

The deceased's death was caused by an acute ischaemic event triggering ventricular fibrillation, which would probably have been avoided had he undergone CABG surgery as planned. The Defendant's breach of duty in exposing the deceased to asbestos, causing mesothelioma, led to the cancellation of surgery and materially contributed to his death. Life expectancy is to be assessed by the retrospective method, resulting in a 19.5-year expectation. The Claimant is not entitled to damages for dependency on services but is entitled to an award for loss of partner's care and attention.

Court Disposition

Claim allowed in part

Orders

  • Defendant held liable for the death of the deceased and consequences flowing from it.
  • Damages awarded for loss of partner's care and attention.