Widow's £10,000 award for son's death
11 Jan 05
Elderly widowed mother awarded £10,000 after son dies of mesothelioma
"There is no obvious reason why an older parent should experience less distress and anxiety in contemplation of the deceased's suffering or less grief and sorrow at his death than would a younger parent."
Lord Brodie in the Court of Session made this comment in awarding £10,000 under section 1(4) of the Damages (Scotland) Act 1976 to Annie Little, the mother of John Cruickshank, who died of asbestos-related mesothelioma in September 2001, aged 54. Mrs Little, who had been twice widowed and who had a close relationship with her son, was then aged 79.
Mr Cruickshank's condition was diagnosed in 2000 and his mother had seen him in increasing pain over his final months. Lord Brodie accepted that his mother's distress and anxiety in contemplation of his suffering before his death, and her grief and sorrow at his death (two of the three factors listed in section 1 (4)) related mainly to the period immediately following Mr Cruickshank's death, and would be as great as for a younger parent.
While the position was different in relation to the third element, he added, Mrs Little might expect to outlive her son by around 10 years and be deprived of his companionship and emotional support for that time, which was also a substantial consideration.
Lord Brodie did not agree that the mother and son relationship had been unusually close, but had regard to the recent upward trend in awards as well as to the recognised comparative position as between different classes of case. He concluded: "I am not inclined to reduce [Mrs Little's] award below £10,000 which, having regard to all the circumstances of the case, appears to me to be a just figure for damages in terms of section 1(4)."
The full decision can be viewed at www.scotcourts.gov.uk/opinions/A3543.html .