ON THIS DAY in 2001, Justice Peter McClellan of the Supreme Court of NSW delivered Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club  NSWSC 336 (23 April 2001).
“Judgment on application for verdict by direction
whether plaintiff precluded from putting a case in negligence to jury
whether evidence of breach of duty
whether evidence which could establish that the taking of any step would have eliminated risk of plaintiff’s injury
whether evidence before the jury that the risk of injury from tobacco smoke was reasonably foreseeable
whether rule in Browne v Dunn has application
s 23(4), s 42(1) Factories, Shops & Industries Act 1962”
Sharp had sought damages from her employer alleging that her exposure to tobacco smoke as a barmaid resulted in her suffering from laryngeal cancer. The case was heard before a jury.
The judgment led to jury directions which resulted in a finding that the cancer was caused, or materially contributed to, by the employer’s negligence.
On 2 May 2001, the jury awarded Sharp damages of $466,000 plus costs.
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