Dushal Mehta was instructed by Mr John Wisdom following his diagnosis with mesothelioma. Mr Wisdom was only able to recall being exposed to asbestos whilst employed by a company called Wilson & Wilson Limited between 1976 and 1983/1984.
Wilson & Wilson Limited was engaged in the business of steam cleaning, sand blasting and high pressure water work. Mr Wisdom was required to remove asbestos lagged pipe work from boilers from the old laundry premises. In addition, in the course of the sand blasting and high pressure water work, Mr Wisdom disturbed and damaged asbestos containing materials including the asbestos roof of premises. He also carried out repairs and replaced broken asbestos sheeting. He regularly had to attend customers' sites where he came into contact with asbestos dust.
Mr Wisdom initially worked for Wilson & Wilson Limited as an employee but latterly became a Director. This, he said, was in name only as the owner of the business required substantial capital which Mr Wisdom was able to put into the company. In exchange he was offered the position of Director. His day to day duties remained the same and for all intents and purposes he remained as an employee.
Dushal pursued a claim for Mr Wisdom but unfortunately Mr Wisdom died before his case was concluded. Dushal had to issue Court proceedings to progress the claim which was now brought by his wife and Executor to his Estate, Mrs Jennifer Wisdom. The owner of the Defendant company served a statement (after Mr Wisdom's death) to suggest that Mr Wisdom would not have been exposed to asbestos in any way and that he was responsible for health and safety when he took on the position of Director of the company. Dushal was unable to obtain any further witness evidence as the family did not have any contact details for any other employees of the company.
Despite the Defendant's statement, Dushal was able to secure Judgment for Mrs Wisdom shortly prior to a contested hearing in the High Court. The case was then set down for a hearing to value Mrs Wisdom's claim. This hearing was set down for 18 June 2015.
Despite the Defendant's suggestion that Mrs Wisdom should accept a reduction to her damages to reflect the fact that her late husband had taken on the position of Director towards the end of his time with the company, Mrs Wisdom was still able to secure full damages prior to the hearing in the sum of £140,000. The case settled three days before the final hearing.
Mrs Wisdom went on to say:
"I would like to thank you for your help and support in dealing with my claim. It was a difficult period in my life and of course Mr John's aswell. You handled everything with such kindness and thoroughness, which made a difficult process much easier. Your company can be very proud of your commitment to their clients. If I find myself having to recommend you, I will do it with pleasure."
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Charities we support
Dushal Mehta discusses the inquest of geneticist Maria Bitner-Glindzciz killed cycling in London
The coroner presiding over the inquest of Professor Bitner-Glindzciz this August heard evidence from witnesses to the accident, from the police and from the taxi driver who fatally injured the mother of two after she fell into his path in September 2018.
Personal injury team celebrates social hub for amputees and their families
Fieldfisher hosted the first informal central London meeting hub organised for amputees and their families in association with the Limbless Association (LA)
Positive move towards mandatory direct vision lorries in London by 2020
Transport for London is expected to issue a traffic regulation order making it mandatory for lorries driven in London to have a one star direct vision grading from October 2020.
Welcome settlement for cyclist whose back was broken by HGV
Six-figure settlement for an experienced cyclist who suffered severe spinal injury after she was dragged off her bike and under the wheels of an HGV
Simple scan to identify breech babies supported by partner Jane Weakley and senior midwife Charlene Francois