McTear v. Imperial Tobacco Ltd [2005] ScotCS CSOH_69 (31 May 2005)

McTear v. Imperial Tobacco Ltd [2005] ScotCS CSOH_69 (31 May 2005)

The pursuer failed to prove on the balance of probabilities that cigarette smoking caused Mr McTear's lung cancer, that ITL's products were the cause, or that ITL breached any duty of care owed to Mr McTear. The evidence did not establish causation or breach, and the claim in negligence and product liability failed. Volenti non fit injuria was not determinative, but the pursuer's case failed on proof.

Citation
[2005] ScotCS CSOH_69
Parties
Pursuer: Mrs Margaret McTear; Defender: Imperial Tobacco Limited
Jurisdiction
Scotland
Judgment Date
31 May 2005
Procedural Posture
Civil Action (delict/negligence, Product Liability) / Judgment After Proof Before Answer
Outcome
action dismissed
Legal Topics
Causation, Negligence, Volenti Non Fit Injuria, Duty of Care, Burden of Proof, Addiction, Damages
Tort/delict Product Liability Personal Injury Public Health Law Causation Negligence Volenti Non Fit Injuria Duty of Care +3 more

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Parties

Mrs Margaret McTear

Pursuer

Imperial Tobacco Limited

Defender

Procedural Posture

Civil Action (delict/negligence, Product Liability) / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether cigarette smoking can cause lung cancer
  2. 2 Whether Mr McTear's lung cancer was caused by smoking cigarettes manufactured by ITL
  3. 3 Whether ITL breached a duty of care to Mr McTear

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that cigarette smoking caused Mr McTear's lung cancer, that ITL's products were the cause, or that ITL breached any duty of care owed to Mr McTear. The evidence did not establish causation or breach, and the claim in negligence and product liability failed. Volenti non fit injuria was not determinative, but the pursuer's case failed on proof.

Court Disposition

action dismissed

Orders

  • Pursuer's claim dismissed
  • No award of damages to pursuer