Boyes Turner’s specialist asbestos claims team were instructed by Mr X who was diagnosed with mesothelioma.
Mr X provided a witness statement to the effect that he had suffered exposure to asbestos dust whilst employed by Tesco PLC between 1987 and 1999 whilst working as a mechanical engineer at the company’s store at the Broad Street Mall, Reading. Mr X regularly entered the boiler room to control, monitor and adjust the motorised valves on the pipework, which was lagged with asbestos. He also regularly entered the chiller plant room to ensure that it was clean and tidy and this room also contained asbestos lagged pipe work. In both instances, Mr X disturbed the asbestos lagging whilst going about his work. Mr X also handled asbestos ceiling tiles and worked in the ceiling voids above the shop floor where there were more asbestos lagged pipes, which he disturbed during the course of his work.
Mr X had a VATS talc pleurodesis procedure and a biopsy in order to confirm a diagnosis of mesothelioma. He underwent radiotherapy and suffered extreme breathlessness and a cough, which drastically impacted on his day to day life. Boyes Turner’s specialist Industrial Disease team instructed an independent Respiratory Consultant who provided a medical report to confirm a diagnosis of mesothelioma in support of Mr X’s claim.
Court proceedings were issued against Tesco PLC in order to progress the claim as quickly as possible. Tesco PLC was unable to find any evidence to defend the claim and so judgement on the issue of liability was entered against it. It was then a question of ensuring that Mr X was adequately compensated for his terminal condition. Following settlement negotiations, Mr X’s claim was settled for a total sum of £220,000.