Our client, an 81 year old, former joiner at J.H. Fryer Ltd based on Great Northern Road, Derby, has at last recovered the compensation he so rightly deserves for the asbestos related diseases from which he suffers.
He was admitted to Derby Royal Infirmary in January 2003, suffering from severe shortness of breath. He remained a patient for 3 weeks whilst he underwent various tests, which, worryingly, included tests to see if he had developed lung cancer or mesothelioma. He was ultimately diagnosed with pleural plaques and asbestosis in April 2003.
Our client had been employed by J. H. Fryer from 1962 to 1983 and was exposed to substantial quantities of asbestos dust and fibres when cutting asbestolux sheets to size, to make fire doors and panels which went below window frames being fitted into schools. He described being exposed to clouds of asbestos dust in the workshop on a regular basis, and would return home in the evenings, covered in dust from top to toe.
J H Fryer was no longer trading and extensive enquiries had to be made to identify the relevant employer liability insurers for the period of our client's exposure to asbestos.
Despite several searches via the Association of British Insurers in 2003, 2004 and 2005, no insurance company came forward to confirm that they had insured J H Fryer at the time of the exposure. Eventually, after a convoluted search, we managed to trace the insurer and a legal action was commenced shortly after.
J H Fryer’s insurers did not accept that the company had been negligent or in breach of its duty when it exposed our client to asbestos and argued that if he had developed pleural plaques and asbestosis it was caused by alleged exposure to asbestos in other jobs.
Expert evidence from an occupational health and safety consultant proved that our client did not sustain any other exposure to asbestos and medical expert evidence confirmed he had developed pleural plaques and asbestosis as a result of his exposure whilst working for J. H. Fryer Ltd.
The case settled for a five figure sum, two days before trial.
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