ARTHUR GARY SADLER v CARILLION (SINGAPORE) LTD (2007)

Total Damages: £22,150 PSLA: £18,000 (£18,347.32 RPI)
Trial/settlement date: 21/6/2007 Type of Award: Court Award
Judge: Recorder Wilby QC Court: Leeds County Court
Age at trial: 61 Age at injury: 15 - 22
Sex: Male
The claimant, a 61-year-old man, received £22,150 for the pleural plaques and pleural thickening suffered following exposure to asbestos during the course of his employment in the 1960s. He suffered from breathlessness and was unable to continue with his hobby of walking.

Claimant: Male: Between 15 and 22 years old at date of exposure to asbestos; 61 years old at date of award.

Occupational Disease: During the 1960s, the claimant (C) had been exposed to asbestos during the course of his employment with the defendant (D) as a fitter/welder. C's work involved stripping asbestos lagging from boilers and associated pipe work. C also worked in close proximity to laggers who worked with dry asbestos. C was exposed to substantial quantities of asbestos dust. He developed pleural plaques and pleural thickening which caused a respiratory disability of approximately five per cent.

C sustained injury and brought an action against D alleging that C's injury was caused by D's negligence or breach of statutory in that: D permitted or allowed C to be exposed to asbestos when it knew or ought to have known that exposure to asbestos was potentially harmful to his health; D failed to provide adequate exhaust ventilation contrary to the Construction (General Provisions) Regulations 1961; and failed to take all practicable measures to protect C from inhaling asbestos dust.

Liability disputed. D put C to proof with regards to his asbestos exposure.

Injuries: C suffered from pleural plaques and pleural thickening.

Effects: Before the accident, C had been an active man. The injuries sustained in the accident made him breathless and meant that he was unable to continue with his hobby of walking.

Court Award: £22,150 damages on a provisional damage basis.

Background to damages: A provisional award was made on the basis that C would not develop any further injuries. The judge said that, in the event of C developing further injuries, injuries from the date of the trial to the date of returning would be assessed at a future hearing.

Breakdown of General Damages: Pain, suffering and loss of amenity: £18,000; Future cost of help with gardening: £3,150.

Breakdown of Special Damages: Past costs of assistance with gardening: £1,000.

Mr Hinchcliffe QC instructed by Thompsons Solicitors (Leeds) for the claimant. Mr Beard instructed by DWF Incorporating Ricksons for the defendant.

LTLPI 3/1/2008 (Unreported elsewhere)

This Quantum Report was provided courtesy of Judith Gledhill of Thompsons Solicitors, solicitors for the claimant.

Document No. AM0201192