Posted by Simon Elliman, Partner
LUNG CANCER CLAIM AGAINST N HOLMAN & SONS LTD (SHIP REPAIRERS)
Mr Cooper was employed by N Holman & Sons Ltd between 1983 and 1989 as a fitter/welder working at the company’s dry dock in Penzance.
He was engaged in carrying out repairs to and gutting ships, including light ships that were then refurbished. His work entailed him spending long periods of time working in the engine rooms removing extensive pipework that was lagged with asbestos.
Mr Cooper was diagnosed with lung cancer and instructed Maggie Powell to pursue a claim against the company. Maggie visited Mr Cooper at his home in Cornwall in July 2017 and prepared a detailed Statement on his behalf. Having identified the insurers of the company at the relevant time a claim was pursued. The insurers initially indicated that they would be obtaining engineering evidence dealing with the levels of asbestos exposure before considering liability. Having stated that to be their position Maggie entered into negotiations with the insurers and the claim was settled in March 2018 for £132,000.00
The main point of dispute related to our client’s smoking history with the insurers arguing that there should be a 30% deduction for contributory negligence following the recent Court of Appeal decision in the case of Blackmore. Maggie took the view that our client’s smoking history was not comparable to that of Mr Blackmore and argued that the maximum deduction should be 15%. This issue was compromised with a deduction of 17.5%.
Mr Cooper was very pleased with the outcome primarily because of the financial security it would provide for his wife in the longer term and after his demise. He said, “I cannot thank Mrs Powell enough, for the help she has given us. Great solicitors”.
If you have been diagnosed with an asbestos-related disease and require any further advice, please do not hesitate to contact us.
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