Pyman Bell and Smiths Shiprepairers deny mesothelioma claim despite clear evidence
Bridget Collier settled a mesothelioma case against two well-known employers in the North-East - Pyman Bell & Co and Smiths Shiprepairers Ltd.
Her client was widely exposed to asbestos while working for both companies, for one while spending hours cutting asbestos board with a band saw, generating clouds of dust, and with the other while handling scaffolding boards covered in dust and working with lagged pipework on board ships.
The defendant companies no longer exist, so the claim was put to their insurers. It was disappointing that insurers of Pyman Bell denied they even had such a saw, despite us sending them newspaper articles confirming other accidents affecting employees.
Equally disappointing was the stance of insurers of Smiths Shiprepairers after the company name provided by HMRC had an obvious error. They refused to answer the case until this issue was cleared up, causing delay and additional work including witness evidence.
Court proceedings were issued and the defendants not only maintained their stance, with one even questioning whether mesothelioma was the correct diagnosis. This went against the opinion of our client's treating consultant, radiologist, MDT team at the hospital and the medico-legal expert in the case. Again, further evidence was necessary to ensure that their defence simply did not stand up to scrutiny.
Bridget was able to secure Judgment against both defendants at the 'Show Cause' stage of the claim, since they were unable to prove they had a defence with any chance of suceeding. Shortly afterwards, the claim settled in the Claimant's favour.
Bridget's client said "We can never thank Bridget enough not only for what she did but how she supported us. Bridget kept us up-to-date at all times without us feeling any pressure. Her tenacity got us the admission of guilt and for that we will be forever grateful."
Contact us
For further information about asbestos and mesothelioma claims, please call Bridget Collier on 0330 460 6740 or email bridget.collier@fieldfisher.com.
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