We have successfully negotiated a £180,000 settlement for the surviving wife of a former labourer who contracted mesothelioma when working with asbestos during his employment with Vulcan Plastics in Westerham from about 1964 to 1965.
Mr M was exposed to substantial quantities of airborne asbestos dust on a daily basis when loading and unloading asbestos boards which arrived at his employer’s factory by lorry. After completing the necessary unloading, Mr M then cut up and trimmed asbestos boards with a diamond tipped bandsaw which generated vast amounts of asbestos dust. Mr M was not provided with a mask or respirator and there was no mechanical ventilation.
Mr M was diagnosed with peritoneal mesothelioma in May 2011. In the meantime, Mr M’s former employers had gone out of business. A letter of claim was delivered the following month. The employer’s insurers initially resisted the claim on a number of grounds. Firstly, they argued that the wording of their policy did not require them to meet this claim, and secondly, they argued that the asbestos exposure they were responsible for was not sufficient to give rise to a foreseeable personal injury.
Sadly, Mr M died and his surviving wife took over the claim. At a case management conference, the Court ordered that judgment be entered in Mrs M’s favour and ordered the Defendant to make an interim payment in the amount of £50,000. Thereafter, the full value of the claim was negotiated plus legal costs.
Thomson Snell & Passmore LLP specialises in industrial disease cases. If you would like to ask our team a question about a potential case, or if you have a general query about any personal injury, contact Jonathan Herbert at Thomson Snell & Passmore LLP solicitors on 01892 701226 in confidence.