Kelly v Roads & Traffic Authority

In *Kelly v Roads & Traffic Authority*, the appellant brought a claim against the respondent alleging contraction of pneumonia in the workplace. The matter came before the court for consideration of the evidence presented.

The central legal issue before the court was whether the appellant had proven, on the balance of probabilities, that the pneumonia contracted was a result of exposure to sewerage water in the workplace. This required the court to assess the scientific evidence presented, particularly that of a microbiologist.

The court found that the evidence from the microbiologist, while suggesting a possibility of the virus being contracted in the workplace sewerage water, did not establish this as a certainty or even a probability. The evidence was considered insufficient to discharge the onus of proof resting on the appellant. Consequently, the appeal was dismissed with costs.