A man died of cancer caused by asbestos. His wife sued his old employer, saying he was exposed to asbestos when carpenters cut boards inside during rain. The judge didn't believe the story because there wasn't enough proof the carpenters cut the boards inside or that the boards even contained asbestos. So, the wife lost the case.
Key Facts
- •Brian Briggs died from mesothelioma, an asbestos-related cancer.
- •Briggs worked for Drylined Homes Ltd (DHL) as a dryliner between 1975 and 1979.
- •Briggs claimed asbestos exposure occurred when carpenters cut asbestos soffit boards indoors due to rain.
- •No contemporaneous documentation from the 1970s exists.
- •The main dispute centered on whether carpenters cut soffits indoors near Briggs and if those soffits contained asbestos.
Legal Principles
Burden of proof rests on the claimant (balance of probabilities).
Thirteen axioms of fact-finding, Section C
Evidence must be considered holistically, not in separate compartments.
Thirteen axioms of fact-finding, Section C
Court must consider inherent probability/improbability of events.
Thirteen axioms of fact-finding, Section C
Limitations on the reliability of human memory must be considered.
Thirteen axioms of fact-finding, Section C
Adverse credibility conclusions on one issue are relevant but not determinative of others.
Thirteen axioms of fact-finding, Section C
Outcomes
Claim dismissed.
Claimant failed to prove on the balance of probabilities that carpenters cut soffits indoors near Briggs when it rained, and that those soffits contained asbestos.