"Steve Wright" <[EMAIL PROTECTED]> writes:


I don't rate her chances much either, but British Law can be fickle at best
so you never know, they might be able to get the employeer under a duty of
care in which case the Nursing Home will have to prove either that smoking
doesnt effect asthma sufferers or that they had facilities for non smokers.
I will keep an eye on whats going on.

Steve


-----Original Message-----
From: Sue Hartigan <[EMAIL PROTECTED]>
To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
Date: Wednesday, May 06, 1998 7:42 PM
Subject: Re: L&I Passive Smoker To Make Legal History


>Sue Hartigan <[EMAIL PROTECTED]> writes:
>
>
>Hi Steve:
>
>The family of a nurse here in the States just tried this.  They lost.
>
>Sue
>>
>> Passive Smoker To Make Legal History
>>
>> A nurse is due to make legal history by suing her employers over damage
to
>> her health that she claims was caused by passive smoking.
>> Chronic asthma sufferer Sylvia Sparrow, 60, blames her condition on the
>> smoke she says she inhaled while caring for elderly patients at a nursing
>> home in 1986.
>>
>> Mrs Sparrow, from Swinton, Greater Manchester, who has been off work sick
>> since February 1992, is suing St Andrew's Homes for injury, loss of
earnings
>> and not being able to continue in the job.
>>
>> Her case, to be heard at the High Court in Manchester, is based on claims
>> that she worked in the communal lounge at the Worsley Lodge home, which
was
>> used by heavy smokers among the elderly patients.
>>
>> It will be the first time that such a claim for damages has come before
the
>> courts in England and Wales. Lawyers and employers will be watching the
>> outcome, which it is claimed could open the way for thousands of similar
>> claims and have far-reaching effects on employment legislation.
>>
>> A council worker in Stockport, Greater Manchester, Veronica Bland, made
>> legal history when she won an out-of-court settlement of 15,000 in a case
>> brought against her employers.
>>
>> A judge in Scotland last year rejected another case, ruling there was a
lack
>
>
>--
>Two rules in life:
>
>1.  Don't tell people everything you know.
>2.
>
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