A successful claim has been made for 63-year-old Mr Farley, who received £15,000 in provisional damages from his former employers and the owner of a shipyard where he worked. Mr Farley can obtain further damages should his condition worsen or he contract another asbestos related disease.
From 1964 to 1968 Mr Farley was employed as an apprentice electrician by Sunderland Forge & Engineering Co. Ltd at a shipyard owned and occupied by the First Defendant, The Doxford & Sunderland Shipbuilding & Engineering Company Limited (this company's liabilities were subsequently taken over by British Shipbuilders on Nationalisation in 1977)
Whilst working for Ben Line from 1969-1992, Mr Farley's main job was to maintain cargo winches which had asbestos brake pads. The Claimant had to change the brake pads, taking the inspection covers off the brake drum and blowing off the asbestos dust which had accumulated on the pads; this was done by using an air line to blow the dust out. The Claimant would remove the old brake pads with a hammer and chisel and then drill the new brake pads using an electric drill in order to attach the brake pads to the brake shoes by rivets.
At no time did the Defendant warn the Claimant of the risks of working with asbestos dust, provide him with a mask or other respiratory protection.
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