Assessment Of Damages: Multiple Potential Causes And Supervening Events

In Karam v Palmone Shoes Pty Ltd [2010] VSC 3, the Supreme Court of Victoria heard two related matters in which the plaintiff alleged that exposure to chemical solvents in his employment with the defendant caused him to suffer asthma, associated psychological illness, plasmacytoma and multiple myeloma (a type of cancer). In January 2010, Justice Forrest reaffirmed wellestablished principles relating to causation and damages. In awarding the plaintiff damages of $244,296, the Court was required to assess and calculate past economic loss resulting from multiple potential causes and future economic loss in light of certain supervening events.

Background

The plaintiff was employed in the defendant's factory as a shoemaker from November 2002 to February 2006. During this time, the plaintiff was exposed to solvent fumes emanating, largely, from the washing and gluing process which he completed repeatedly over an eight hour day. The process involved the plaintiff holding