Jobling v Associated Dairies [1982] AC 794 House of Lords
Mr Jobling, a butcher, slipped on the floor at his place of work due to his employer's negligence. He injured his back which caused him to reduce his earning capacity to 50% of what it was. He then developed an independent back condition which was unrelated to the injury which left him unable to work. The trial judge applied Baker v Willoughby and held that the claimant was entitled to recover damages beyond the onset to the back condition. The employer appealed.


Held:

The House of Lords distinguished Baker v Willoughby and stated where the victim is overtaken before trial by a wholly unconnected and disabling illness, the decision had no application. The House of Lords were critical of the decision in Baker v Willoughby but stopped short of overruling it.

 

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Negligence