Durie Or Cook v Wyvern Structures Ltd [2000] ScotCS 233 (22 August 2000)

Durie Or Cook v Wyvern Structures Ltd [2000] ScotCS 233 (22 August 2000)

The court found, on the balance of probabilities, that Mr Durie was employed by both defenders during the relevant periods prior to 1961 and was negligently exposed to asbestos by each. The exposure was sufficient to cause or materially contribute to asbestosis. Medical evidence was conflicting, but the court preferred the evidence supporting the asbestosis diagnosis. It was conceded that if asbestosis was proved, asbestos exposure materially contributed to bronchial carcinoma and death. Liability was apportioned equally between the defenders due to lack of evidence for differentiation. Smoking was a material factor but did not negate liability for asbestos exposure.

Citation
[2000] ScotCS 233
Parties
Pursuer: Mrs Isobel Durie or Cook; First Defender: Wyvern Structures Ltd, formerly Munro & Miller Limited (in liquidation) and Ian Angus Paterson, C.A. the liquidator thereof; Second Defender: Shaw Petrie Limited
Jurisdiction
Scotland
Judgment Date
22 August 2000
Procedural Posture
Reparation (personal Injury/death Due to Alleged Negligence) / Judgment After Proof (trial)
Outcome
Liability established against both defenders for negligent exposure to asbestos causing asbestosis and materially contributing to death. Liability apportioned equally between defenders.
Legal Topics
Asbestos Exposure, Employer's Liability, Negligence, Apportionment of Liability, Causation of Death, Industrial Disease
Tort Personal Injury Employment Law Asbestos Exposure Employer's Liability Negligence Apportionment of Liability Causation of Death +1 more

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Parties

Mrs Isobel Durie or Cook

Pursuer

Wyvern Structures Ltd, formerly Munro & Miller Limited (in liquidation) and Ian Angus Paterson, C.A. the liquidator thereof

First Defender

Shaw Petrie Limited

Second Defender

Procedural Posture

Reparation (personal Injury/death Due to Alleged Negligence) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether Mr Durie was employed by each defender during relevant periods
  2. 2 Whether Mr Durie was negligently exposed to asbestos by each defender
  3. 3 Whether such exposure caused or materially contributed to asbestosis and/or bronchial carcinoma leading to death

Ratio Decidendi

The court found, on the balance of probabilities, that Mr Durie was employed by both defenders during the relevant periods prior to 1961 and was negligently exposed to asbestos by each. The exposure was sufficient to cause or materially contribute to asbestosis. Medical evidence was conflicting, but the court preferred the evidence supporting the asbestosis diagnosis. It was conceded that if asbestosis was proved, asbestos exposure materially contributed to bronchial carcinoma and death. Liability was apportioned equally between the defenders due to lack of evidence for differentiation. Smoking was a material factor but did not negate liability for asbestos exposure.

Court Disposition

Liability established against both defenders for negligent exposure to asbestos causing asbestosis and materially contributing to death. Liability apportioned equally between defenders.

Orders

  • Decree for payment of damages to the pursuer by both defenders, jointly and severally, with apportionment of liability equally between them.