A victory in the High Court of the United Kingdom which awarded a former Michelin employee compensation for exposure to asbestos dust could mean the beginning of a huge influx of such litigation. Roy Ibbs, a retired pip fitter, won £23,300 in total compensation from Michelin Tyre Plc. due to the respiratory disease he is currently suffering from as a result of asbestos exposure in his former workplace.
According to Colin McCail QC, Mr. Ibbs’ barrister, the retiree was frequently exposed to clouds of asbestos dust between 1969 and 1985. The court decided that the decay of his health and specifically the asbestosis that leaves him continuously out of breath can certainly be ascribed to the conditions in which he worked.
In addition to current respiratory complications, Mr. Ibbs’ likelihood of developing mesothelioma, a terminal cancer caused by asbestos exposure, is greatly increased.
The Judge mentioned that he would have awarded Mr. Ibbs’ a considerably higher compensation were he not suffering from other ailments that could not be blamed on asbestos exposure. The existence of several separate health issues could certainly have aggravated and promoted the development of his asbestosis.
Mr. Ibbs had reportedly been offered £20,000 by Michelin’s lawyers to settle out of court, but opted to pursue legal action. At the time of his employment with Michelin, Mr Ibbs was one of several thousand employees who worked in similar conditions. The success of his case could very well encourage a flood of others to pursue a similar course.
Mr McCaul, Mr Ibbs’ barrister, said “In order to develop asbestosis, you need to have been exposed to a significant amount of asbestos dust. [Mr. Ibbs'] exposure seems to have come from maintenance work on pipes layered with asbestos. There must have been a significant amount of dust at the factory. It’s probably fair to say there were former colleagues exposed to the same conditions.”
