A NURSE who claimed she developed asthma through being exposed to passive smoking in an old people's home today lost her claim for damages in a landmark court case.
Mr Justice Holland ruled at the High Court in Manchester that the management of the home had taken all practical steps in view of 60-year-old Mrs Sylvia Sparrow's aversion to cigarette smoke.
The nurse who claims she was forced to leave her job at the Worsley Lodge home in Swinton, had argued that her asthma was triggered by her being forced to work in a "smokers corner", where elderly residents would smoke almost constantly.
The judge said the only issue he had to decide was whether the former owners of the home, St Andrew's Homes Ltd, were in breach of their duty in failing to do all that was reasonably practical to reduce Mrs Sparrow's exposure to passive smoking after she was diagnosed as having asthma in February, 1990.
The judge said: "Weighing all the factors I have to find the plaintiff has failed to prove the defendants were negligent so as to cause injury to her. I cannot uphold that the system of work was negligent."
Mrs Sparrow, whose action is being funded by the Royal College of Nursing, was also ordered to pay the costs of defending her action and to hand over £5,000 that had been lodged with the court in advance.
In the first case of its kind to come before the courts in England and Wales Mrs Sparrow was said to have been predisposed to asthma.
But a doctor called on her behalf said she would never have developed it without being exposed to the levels of smoke in the area in which she had to work.
She had sought damages for injury, loss of earnings and being forced to give up her job.
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