The deceased contracted mesothelioma from exposure to asbestos, and died. He and the pursuer had married in 1959 at 21. They were married over 41 years, and had one child. The marriage had its ups and downs, and for a time during the 1980s was difficult. The deceased was drinking heavily and the pursuer had left the matrimonial home with their daughter to give him a ‘wee fright’, but returned after two weeks. He undertook to cut back on his drinking and normal married life was resumed.
Held: The marriage was generally happy and that there was a close loving relationship between them. Over the last ten years before his death the pursuer looked after the deceased and was devoted to him and in his last year organised her day so that she could be with him. The deceased was a heavy smoker and had a breathless turn in 1999. During the course of subsequent investigation the mesothelioma was diagnosed. He underwent radiotherapy (three fractions). His GP subsequently recorded that pain did not seem to be a problem. In the last year of his life the deceased was less unfortunate than some mesothelioma sufferers. He did not suffer quite as much pain and discomfort as some, and awarded andpound;20,000 to the pursuer in respect of her section 1(4) claim, and andpound;47,500 to her as executrix in respect of her section 2(1) claim for solatium.
Judges:
J. Gordon Reid, QC
Citations:
[2003] ScotCS 164, 2004 SLT 346
Links:
Cited by:
See Also – Josephine Murray As Individual and As Executor Nominate of Joseph Murray Kirsten Allardice Andrew Allardice Josephine Murray As Executor Nominate of the Late Mary Murray v the Greenock Dockyard Company Limited OHCS 30-Apr-2004
. .
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.
Scotland, Personal Injury, Damages
Updated: 07 June 2022; Ref: scu.183906