Supreme court ruling is big victory for asbestos sufferers

24th October 2014

Yesterday marked a landmark victory for asbestos sufferers after a supreme court ruled in favour of compensation for the family of a man killed from exposure to the deadly dust.

The case was different to many compensation claims as it means that people exposed to asbestos in factories while working for another employer can now pursue the factory where they were exposed for compensation, reports.

Devon resident Percy McDonald worked as a delivery driver for decades, during which time he made regular visits to the asbestos-ridden Battersea Power Station. Bristol High Court ruled that Mr McDonald and his family were not eligible for compensation as he was not employed by the power station itself.

He passed away earlier this year from the aggressive asbestos-caused terminal cancer mesothelioma aged 83, a week before he was to attend the February supreme court hearing, notes.

After the ruling, Mr McDonald’s son Eric said: “As a family we wanted to carry on the case after dad’s death because we knew how important it was to him and wanted to ensure that others would be protected in future. It was only because he went to work every day that he became ill, and that was extremely difficult for us to come to terms with.

“I’m really pleased with the Supreme Court’s judgment and thank the judges for taking the time to hear our case. I’ve seen first-hand how devastating mesothelioma can be and we were all distraught when dad died, especially as he didn’t get to finish what he started in the courts.

“We would rather have dad with us still, but hopefully other people affected will now be able to succeed in their legal battles too.”