Martin Anderson has secured a £400,000 settlement for Lawrence*, a former HGV driver who was diagnosed with mesothelioma in February 2024.
His diagnosis came completely out of the blue. He was fit and healthy, but had an annual health check with his GP, during which he was coughing a lot. In light of this, his GP referred him for a chest x ray, which showed fluid on his lungs. He had the fluid drained and had further scans. Following a biopsy, he was diagnosed with mesothelioma. He approached Boyes Turner to investigate a claim.
Asbestos exposure during employment
Lawrence recalled that he came into contact while working as a HGV driver in the 1980s. There was a garage at the premises, where the lorries used to be serviced, repaired and maintained. This included work on the brake shoes, and the brake linings were made from asbestos.
Lawrence used to go into the garage and talk to the mechanics when they were working on his lorry. He also used to go in for a few minutes at the start of the day, before he started driving, and then again at the end of the day when he had finished his deliveries and returned the lorry to the depot.
The mechanics removed the wheel and the outer part of the brake drum. Lots of dust gathered in the brake drum. When the brake was engaged, the shoes pressed into the drum attached to the wheel, making it come to a stop or slow down. The friction caused the linings to produce dust, which gathered in the drum. The mechanics then used a compressed airline and blew the dust out into the garage.
They also used to file down the edges of the new brake shoes, before connecting them to the brake drum. The new brake shoes also contained asbestos. Lawrence was often standing only a few feet away from the mechanics when this was being done and the dust used to go over his clothes. He also sometimes used to help the mechanics by getting a broom and sweeping up the dust which had gathered on the floor.
Investigating the claim
Lawrence’s former employers were dissolved, but we traced their insurers and notified them of the claim. We obtained a medical report confirming that the asbestos exposure contributed to the contraction of mesothelioma.
The Defendant’s insurers initially cited the case of Johnstone v Fawcett’s Garage (Newbury) Limited, another brake linings exposure case in which Boyes Turner are instructed. This claim was unsuccessful at trial in the first instance and is, at the time of writing, being heard in the Court of Appeal. However, we took an additional witness statement from Lawrence which gave great detail of how he was exposed to asbestos and showed that his exposure was likely far greater than was the case in Johnstone. We also obtained an expert report from an Occupational Hygienist which was supportive of Lawrence’s case.
Settlement and outcome
The Defendant’s insurers then put forward an offer to settle his case in the sum of £400,000, which he accepted. They also agreed to fund any treatment that may be recommended in the future which is not available on the NHS.
Whilst, of course, no amount of money can adequately compensate Lawrence, he was pleased that the case was settled relatively quickly and without the need to issue Court proceedings.
*names have been anonymised
If you or a family member has been diagnosed with mesothelioma or any other asbestos related disease, we may be able to help. Contact us on 0800 884 0718 or email [email protected] for a free initial discussion.
