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William Hynes v. Simon Lobnitz and Others [2008] CSOH 67


Reparation - Proof:- The pursuer, a 66 year old man, worked on and off as a fitter between 1956 and 1974 in the shipyards at Renfrew. At various times during his periods of employement in the shipyards the pursuer was employed by the seven defenders. During his employment with them, the pursuer experienced exposure to asbestos sufficient to cause asbestos disease and this was admitted by the defenders. The defenders were all agreed that the appropriate apportionment, in the event of liability being established, would be: first defenders - 26.19%; second defenders - 38.10%; third defenders - 2.38%; fourth defenders - 1.79%; fifth defenders - 16.07%; sixth defenders - 8.03%; and seventh defenders - 7.44%. At proof here the main issues were:- (1)whether the pursuer had pleural thickening as a result of exposure to asbestos and asbestosis itself, in the form of pulmonary fibrosis; (2) whether the pursuer's physical problems such as breathlessness were caused by asbestos related disease as distinct from other conditions like connective tissue disease and emphysema.