Brian Pinney v Cleanaway Limited
Peter Williams acted for Brian Pinney
who was employed by Cleanaway Limited as a tip marshal at their
landfill site in Medenbridge, Ockendon, Essex between 1984 and
1994. His duties included standing on the edge of the tip about two
metres high whilst beckoning lorries laden with asbestos materials
back towards him. The lorries then tipped asbestos material below his feet. The material
included bagged asbestos waste and also asbestos sheet material. In
addition, he drove a compactor lorry with a shovel in front of it
pushing the dumped asbestos mixture in to the bottom of the tip.
The wheels caught on the asbestos bags which ripped and created
dust in the atmosphere around him. He was also required to clean
dust which may have included asbestos from radiators of the
compactors by using a compressed airline which created dust around
him. He was provided with a paper mask but no further protection
nor warning that inhaling asbestos dust was a potential risk to his
health.
In February 2004, he developed a cold which settled on his chest
and which he could not clear. He had x-rays and tests at Basildon
Hospital and was diagnosed with mesothelioma caused by asbestos exposure.
Cleanaway denied they negligently exposed Mr Pinney to asbestos
dust. They produced documentation to state that all proper
procedures were followed and produced witness evidence to allege
that Mr Pinney was given proper protection and warning. They
alleged that he would have only been exposed to tiny amounts of
asbestos dust if at all. Witness statements were taken from Mr
Pinney’s colleagues who confirmed his recollection of the exposure.
Specific disclosure of all documents in relation to asbestos being
dumped at the site were ordered and twelve boxes of documents
reviewed. The documents revealed that up to 400 lorry loads of
asbestos waste were deposited at the site in each month between
1984 and 1988 – a huge amount. In a 1986 report concerning the site
it was stated:
“The only substantial release of dust came from the road
liner carrying asbestos cement and millboard. In this case the
driver was standing beside the backdoors of the vehicle and was
directly in the path of the dust cloud formed when the asbestos
material slid out of the liner and crashed to the ground. The
potential hazard is obvious and the driver wore no protective
clothing.”
The Defendants continued to deny liability. A report from a
consulting engineer was obtained and confirmed that if the
claimant’s and his witness evidence were to be accepted then
Cleanaway were negligent in exposing him to asbestos dust.
Trial was set for 18 July 2005. All matters remained in dispute.
An offer of £150,000 was rejected by the claimant on advice.
Finally, three days before the trial, the case was settled in the
sum of £200,000 to include damages for Mr Pinney’s illness, his
nursing care, future financial loss and losses for the fact that he
could no longer care for his 31 year old disabled daughter.
The case was conducted on a “no win, no
fee” agreement at no cost to Mr Pinney who received his damages
in full. His case was completed within ten months.
For further information or if you believe you have a
mesothelioma compensation claim,
please contact
Peter Williams on 020 7861
4825 or email peter.williams@ffw.com
You can also contact any member of our mesothelioma claims team by calling
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.