Successful claim against Turner & Newalls and P W Mann Engineering
Brian Johnston instructed Dushal to pursue his claim after his diagnosis was made at the Royal Cornwall Hospital. He recalled being exposed to asbestos whilst working for Goddard and Staines, however the company had dissolved and it was not possible to identify the insurers.
Brian had also visited and carried out some work at the Turner & Newalls factory in Manchester and recalled working in a room which was covered in asbestos dust. He had also worked for a sheet metal company, P W Mann Engineering between 1988 and 1993 during which time he was required to cut into the side of buildings whilst fitting heating systems.
At the time he was advised by the engineers on site and others that asbestolux was not a hazardous material and it was safe to work with. No protective clothing or masks was provided despite the risks and dangers being well known by the late 1980s and early 1990s.
Brian instructed Dushal to bring a claim against the company, P W Mann Engineering. The engineer and owner of the company alleged that Brian was hardly sent out on site and that he would not have been asked to cut into the side of buildings. They argued that even if he had, he would not have encountered asbestolux.
Fieldfisher managed to obtain a number of witness statements from previous work colleagues to support Brian’s claim and the case was set down for a five day trial in the High Court. Despite the company maintaining that they were not responsible for Brian’s condition and subsequent death they did make an offer in settlement of the case. By then, Brian had unfortunately died and his widow, Betty had also been diagnosed with an illness of her own.
Betty wished to accept the offer that was made and in addition, Dushal managed to secure further compensation for Betty from the Turner & Newalls Trust for the exposure Brian encountered in their factory.
At the end of the case Betty said:
"Over the course of the claim, Dushal showed me a great deal of respect and courtesy. He gave me a very personal and professional service and was always available when I needed to speak to him."
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For further information about mesothelioma claims, please call Dushal Mehta on 03304606751 or email dushal.mehta@fieldfisher.com.
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