Posted by Simon Elliman, Partner
Widower of secondary exposure victim obtains damages from Kodak Ltd
Rose Levens, much loved wife of Albert, sadly died of mesothelioma on 5 August 2015.
Having received the devastating diagnosis Rose instructed solicitors to pursue a claim for compensation on her behalf. Her Solicitors were unable to identify where Rose may have been exposed to asbestos during the course of her own employment. Following Rose’s death the same Solicitors where then instructed by Albert. They investigated the possibility that Rose may have been exposed to asbestos as a consequence of Albert’s employment but concluded there was insufficient evidence to proceed and closed their file.
Albert then instructed Maggie Powell of Royds Withy King to investigate. Maggie first spoke to Albert on 17 July 2017. Maggie quickly identified that in 1968 Albert worked as a pipe fitter’s mate for Kodak Ltd at the company’s factory on Kirkby Industrial Estate and that his work exposed him to asbestos. He wore overalls to work which, by the end of the working day were covered in dust. He returned home in his overalls that were laundered by Rose and as a consequence, Rose herself was exposed to asbestos.
A letter of claim was sent to Kodak Ltd on 24 August 2017. That letter was ignored, as was subsequent correspondence. Medical evidence was obtained and proceedings issued on 30 April 2018. Kodak then instructed solicitors who filed a Defence. However, shortly thereafter an offer to settle was made by Kodak’s Solicitors. Following some negotiations the claim finally settled on 23 July 2018, for a sum in excess of £100,000.00.
Albert’s motivation was to obtain justice for Rose and he achieved that. He said of Maggie Powell “Top class. Well informed in every aspect throughout the proceedings. Highly recommended”.
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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