McCaul v Elias Wild: 14 Sep 1989

The plaintiff who had suffered pleural thickening from inhalation of asbestos fibres in 1943 – 1950 suffered no actionable injury until about 1985, when he first experienced breathlessness.

Judges:

McNeill J

Citations:

Unreported, 14 September 1989

Jurisdiction:

England and Wales

Citing:

ApprovedKeenen v Miller Insulation and Engineering Ltd 8-Dec-1987
The claimant’s cause of action for lung fibrosis did not arise at the time he was exposed to asbestos between August 1952 and May 1953 because at that stage he had not suffered physical injury by May 1953. Basing himself on the evidence of Dr Rudd . .

Cited by:

CitedBolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 05 December 2022; Ref: scu.238332