During that time, he worked as a general labourer and his tasks included unloading asbestos from lorries and barges. He only wore a very basic dust mask and was not warned of the dangers of inhaling asbestos. Mr L was required to unload asbestos on most days and on some occasions there was asbestos cargo coming into the factory twice a day. He unloaded both blue and white asbestos which came in hessian sacks which often ripped open causing asbestos dust to be everywhere. Mr L also had to transport smaller sacks of asbestos from the factory floor to the loading stages outside.
After Mr L left the Cape factory he did not come into contact with asbestos. He continued working well into his 60’s and enjoyed an active lifestyle. In 2011, he started feeling unwell and developed a cough. He underwent investigations for a number of years and was eventually diagnosed with lung cancer. Mr L underwent a bronchoscopy and thoracotomy. He also undertook chemotherapy.
Mr L instructed Dushal to bring a claim for him against Cape. Despite Mr L having a long history of smoking and even though he was exposed to asbestos for a relatively short period of time, Dushal was still able to obtain supportive medical evidence which attributed his lung cancer to his previous asbestos exposure as opposed to his smoking. The medical expert concluded that Mr L would not have developed lung cancer if he had not been exposed to asbestos.
Dushal was able to obtain a substantial settlement for Mr L without the need for Court proceedings.
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