Claimant is successful in his claim for asbestos exposure against uninsured Defendant
We were instructed by a client who was exposed to asbestos during the course of two of his employments in the 1960’s and 1970’s whilst working in the North East of England.
One of the Defendants had employer’s liability insurance but the other Defendant did not. As the second company was still in existence and trading, the claim proceeded against that company on a self-insured basis.
The Claimant was diagnosed with both pleural plaques and pleural thickening and was severely disabled. His disability was partially as a result of his asbestos exposure and partially as a result of his additional heart condition.
Whilst the insured Defendant entered into negotiations to settle our client’s calm very early on in the proceedings, the uninsured Defendant was determined to fight our client’s claim.
This resulted in a four-day trial in Middlesbrough County Court when our client was forced to give evidence for the best part of a day. He was supported by his family but repeatedly had cause to use his oxygen supply.
The judge found in favour of the Claimant and awarded damages and costs to be apportioned between the two Defendants.
The uninsured Defendant sought leave to the Court of Appeal, but this leave was not granted.
The Claimant has now received his damages from both Defendants.
For further details please contact Deborah Krelle on 0161 876 2518 or
Deborah.Krelle@colemans-ctts.co.uk