The High Court has ruled that a man who had worked at Government Buildings who claimed he was exposed to asbestos has not to date established a case for damages.
However, the president of the High Court, Mr Justice Finnegan, ruled that the matter be "stayed" in case the man is able to produce new evidence.
Mr Justice Finnegan made similar orders in the case of five employees of Irish Ferries Ltd who had worked on ships operated by the old B&I Line, which was taken over by Irish Ferries.
The cases dealt with yesterday are among several hundred "asbestos actions" before the courts, many of them brought by State employees.
In yesterday's proceedings involving the man employed at Government Buildings, the State sought an order that the claim be struck out on grounds that there was no reasonable cause of action or that it be dismissed pursuant to the court's inherent jurisdiction.
Mr Justice Finnegan said that in the particulars of the man's personal injury in the statement of claim, it was pleaded that, on becoming aware of his exposure to asbestos, he had suffered from worry and anxiety. It was also claimed, while not showing any signs of asbestos exposure, he was at risk as a result of exposure.
The judge said the law in relation to fear of disease cases was dealt with by the Supreme Court last year (in the case of Fletcher versus the Commissioners of Public Works). In order to succeed, the court had found a plaintiff must suffer from a recognisable psychiatric illness. The plaintiff in the present case did not plead any such illness but merely pleaded he suffered from worry and anxiety.
In order to succeed a plaintiff must establish a physical injury and no physical injury was pleaded in this case, the judge said.
On the pleadings, accordingly, the plaintiff's case must fail and the defendants were entitled to have the claim dismissed or stayed under court rules.