Dust diseases – Assessment of damages (pleural plaques)

In Munzer v State of SA 26/2/15 [2015] SADC 15 Gilchrist J accepted that P “genuinely feels some pain in the flanks of his chest and that he experiences some breathlessness on exertion” @163. Gilchrist J not “certain of the precise organic process that would explain how Mr Munzer’s pleural plaques are causing him chest pain” @166. However, such uncertainty not determinative. “There is no doubt that psychological factors are amplifying Mr Munzer’s pain experiences. There is no doubt that the fact of his pleural plaques and the fact that they are causing some physical symptoms are contributing to his already significantly compromised mental state. There is also no doubt that his fear and apprehension about the potential consequences of his asbestos exposure is contributing to his depressive state” @167. P had many other factors in his life contributing to his psychiatric state. The effect of P’s extensive smoking history factored in. Appropriate “allowance must be made for the contingency that it may be and in the future might be contributing to Mr Munzer’s chest pain and shortness of breath” @178. P is “a 72 year old man who has been experiencing … moderate pain in his chest and some breathlessness on exertion in varying degrees since 1998 as a result of pleural plaques” @180. This has affected his sleep. P awarded $45,000 in general damages ($30,000 being for past loss) among other heads, including $20,000 in exemplary damages as the evidence showed that P “was at risk of exposure to asbestos dust and that ETSA knew, at a time when Mr Munzer was so exposed, that that exposure could result in a dust disease” @193.