Miller v Amaca Pty Ltd [2003] NSWDDT 2 (10 January 2003)

Published 29 Sep 2015

Mrs Nerida Howells (formerly Nerida Miller), the Plaintiff, initiated proceedings against her ex-husband’s former employer due to her exposure to asbestos dust and fibre from contact with her ex-husband’s truck and through washing his contaminated clothing. As a result of this exposure, the Plaintiff contracted mesothelioma.

ISSUES

The Defendant did not contest the issue of liability. The Plaintiff’s former partner worked as a contract carter carting asbestos cement pipes from the defendant’s asbestos networks at Camellia to various locations in Sydney. Justice Curtis stated that it is well known that Amaca Pty Limited were the only manufacturers of asbestos cement piping at the time.

The remaining issue was the amount of damages that Amaca Pty Limited should be required to pay as a result of the Plaintiff’s injury.

DECISION

Justice Curtis awarded general damages totalling $277,621.05.

TOTAL DAMAGES

  1. General damages, for pain and suffering, were awarded at $185 000 with an interest of $2 400.
  2. Damages for loss of expectation of life were awarded at $20 000.
  3. Past medical expenses totalled the sum of $16 671.05 and future medicals totalled $8 100.
  4. Costs of past care that were provided to the Plaintiff were awarded at $9 000 with interest of $450.
  5. Costs for future care that will be required to look after the Plaintiff were awarded at $30 000 as well as $6 000 to make necessary modifications to the Plaintiff’s home.

The further damages awarded to Mr McGrath on this date totalled $277,621.05 plus the Defendant was ordered to pay the Plaintiff’s legal costs.

If you suffer from mesothelioma or any dust related disease, please do not hesitate to contact the experienced dust disease lawyers and barristers at Gerard Malouf and Partners.