Boyes Turner were instructed by Mr Z following his diagnosis of lung cancer as a result of exposure to asbestos dust whilst employed by W. G. Cannon & Sons Limited during the 1960s and 1970s.
Mr Z worked as a Heating Engineer and had substantial exposure to asbestos as a result.
We set about investigating his claim and obtaining the necessary evidence required.
Supportive medical evidence was obtained from both a Respiratory Consultant and a Radiologist.
Despite Mr Z having a smoking history, the medical evidence supported that the lung cancer was asbestos related.
Sadly Mr Z died and his claim continued on behalf of his estate, brought by his wife.
Court proceedings were eventually issued and W. G. Cannon & Sons Limited’s legal representatives denied any asbestos causation of his lung cancer, contending that his cancer was caught entirely by his smoking history.
W. G. Cannon & Sons Limited’s legal representatives were given permission to obtain medical evidence and both parties were given permission by the court to obtain engineering evidence.
Matters progressed and our engineering evidence supported asbestos exposure in the order of 80 to 90 fibre/ml years, the threshold being 25 fibre/ml years. W. G. Cannon & Sons Limited’s legal representatives did not serve any witness evidence, medical evidence or engineering evidence.
In the circumstances, we applied to the court to enter Judgment and for the matter to proceed to an Assessment of Damages Hearing instead of trial. The court granted our request and judgment was entered and instead of proceeding to trial, a hearing was listed.
At that stage we withdrew all previous offers and the claim eventually settled five weeks before the Assessment of Damages Hearing date.
Various arguments were brought by W. G. Cannon & Sons Limited’s legal representatives during the proceedings that there should be a discount for untraced/unpursued employers but the claim eventually settled at full value, with only a discount for the previous smoking history.
We are delighted to have assisted Mrs Z in the successful conclusion of this difficult lung cancer claim.