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 Defendant's admitted breach of duty in exposing the deceased to asbestos caused mesothelioma, which prevented the deceased from undergoing CABG surgery. On the balance of probabilities, had the surgery proceeded, the fatal cardiac event would likely have been avoided. The appropriate method for assessing life expectancy is the retrospective deduction method, resulting in a finding of 19.5 years but for mesothelioma. The Claimant failed to prove loss of dependency on services but is entitled to a modest award for loss of partner's care and attention.

Citation
[2017] EWHC 1517
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 / Fatal Accident Claim / High Court Trial Judgment
Outcome
Claim allowed in part
Legal Topics
Mesothelioma, Asbestos Exposure, Causation, Loss of Dependency, Life Expectancy, Damages, Coronary Artery Bypass Graft (cabg), Expert Evidence
Tort Law Personal Injury Employer's Liability Mesothelioma Asbestos Exposure Causation Loss of Dependency Life Expectancy +3 more

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Parties

Deborah Magill (Executor of Colin Stuart Magill deceased)

Claimant

Panel Systems (DB Limited)

Defendant

Procedural Posture

Personal Injury / Fatal Accident 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 taken place 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 Defendant's admitted breach of duty in exposing the deceased to asbestos caused mesothelioma, which prevented the deceased from undergoing CABG surgery. On the balance of probabilities, had the surgery proceeded, the fatal cardiac event would likely have been avoided. The appropriate method for assessing life expectancy is the retrospective deduction method, resulting in a finding of 19.5 years but for mesothelioma. The Claimant failed to prove loss of dependency on services but is entitled to a modest award for loss of partner's care and attention.

Court Disposition

Claim allowed in part

Orders

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