Successful asbestosis claim for former maintenance electrician
Boyes Turner’s specialist asbestos lawyers were instructed in May 2008 by a man who had been diagnosed with asbestosis.
He alleged exposure to asbestos whilst employed by S Reece & Sons Limited (later known as S Reece (Liverpool) Limited) and, following a transfer of his employment in the late 1970s, by Mrs Smith’s Frozen Foods Limited (later known as Saragusa Frozen Foods Limited).
His employment and his job remained the same during his employment, despite the transfer.
He frequently came into contact with asbestos as a result of his employment, working alongside laggers who were mixing dry asbestos with water before applying the same. He regularly removed asbestos cladding from baking ovens in order to repair them which disturbed asbestos dust into the atmosphere. He also fitted asbestos covered cable and mixed asbestos paste himself on occasions.
As a result of his employment, he was exposed to asbestos without protection and the asbestosis claim was brought against both entities.
It was necessary to issue court proceedings not only to progress matters but also to protect the man’s position given that the three year anniversary following his diagnosis was approaching.
Court proceedings were therefore issued against both S Reece (Liverpool) Limited and Saragusa Frozen Foods Limited (“the Defendants”).
Following service of the proceedings, both Defendants admitted that they had been negligent/in breach of duty. However, the Claimant still had to prove the extent of his injury, loss and damage and that this was caused by the negligence/breach of statutory duty.
Arguments were also raised by the Defendants that the asbestosis claim had been brought out of time and that the man had contributed to his own condition having been a former smoker.
Medical evidence obtained by Boyes Turner's specialist asbestos lawyers supported that the man had a respiratory disability as a result of asbestosis of 15%, of an overall 40% disability.
An offer was made by the Defendants to settle the man’s asbestosis claim which was accepted shortly before a first court hearing.
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