Posted by Jennifer Seavor, Partner
Family of mechanical fitter wins damages
RWK were instructed by the family of Edward “Ted” Facey to investigate a claim for compensation arising from Ted’s death as a result of mesothelioma on 28 February 2015.
Ted worked for The MetalBox Company Limited (now Crown Packaging UK Limited) for most of his working life. He started work at the company’s factory in Worcester as a mechanical fitter. He moved to the company’s factory in Westhoughton in the early 1960s. He received a number of promotions over the years and was working in a managerial role when he retired in 1992.
RWK were instructed after Ted had died. Ted had told his family that large ovens were manufactured in the factory and that asbestos was used to insulate the ovens. He told his family that asbestos dust would be released into the atmosphere during the manufacturing process.
Proceedings were issued and from the outset liability was denied. The Defendant also questioned the diagnosis of mesothelioma but this was subsequently confirmed by two consultant pathologists instructed by the parties.
Further evidence as to asbestos exposure was needed to strengthen the claim. An appeal for witnesses was placed in the Bolton News and as a consequence we were able to speak to and obtain statements from former work colleagues of Ted’s who could provide more detailed information about the use of asbestos in the factory. The family were extremely grateful that people took the time to reply and provide these statements. Soon after witness statements were served an offer to settle was made by the Defendant’s solicitors and the claim concluded.
Ted’s family commented, “Absolutely excellent. We could not have had anyone more helpful, persistent and considerate. Thank you.”