Carlisle Family Succeeds In Mesothelioma Claim
26/09/2008
The family of a Carlisle man who died of the asbestos-related disease Mesothelioma has succeeded in its claim against his former employer, County Garage Limited.
Robert Earl died on November 8th, 2005 – 10 months after his diagnosis with the disease – having been nursed throughout his illness by his wife, Avril Earl.
Mr Earl had worked for the County Garage Company in Carlisle in 1969 for a period of around six to eight months as a mechanic’s labourer. During this time he was exposed to asbestos in the form of asbestos brake linings which he had used to replace old worn brake linings in the companies commercial vehicles.
Mr Earl’s condition meant that he was only able to provide limited information about his employment. A witness appeal was run in the local media, and the information which was provided by a former work colleague established details of the exposure.
Mrs Earl continued the claim against the employers with the help of her family, and they issued court proceedings against the company in April 2008 following the company’s refusal to accept responsibility.
Roger Maddocks, partner and industrial disease specialist at Irwin Mitchell, who represented the family, said the witness’ statement, following a local witness appeal, was crucial to the success of the case.
He added: “The company did not accept that Mr Earl would have been exposed to dangerous asbestos fibres during the course of his employment with them.
"The information which Mr Earl’s former work colleagues were able to provide assisted us in establishing what was done in the mechanics workshop, and how much contact Mr Earl would have had with new and old asbestos brake linings.
"This information was used by our expert to confirm that Mr Earl would have been exposed to new asbestos brake linings, which contained dangerous asbestos fibres."
The settlement, for an undisclosed sum, was agreed with no admission of liability from the company.
Anthony Earl, one of Mr Earl’s children who assisted his mother in pursuing the claim, said: “The last few years have been very difficult for my family. No amount of compensation can replace what we have lost but we hope we can now move forward.
"We would like to thank Irwin Mitchell for its hard work in pursuing the claim against the company despite the difficulties we faced, and thank those that were able to give us information about County Garage and the use of asbestos in the workshop, which helped us to secure justice for my dad."