The Supreme Court ruled for the relatives of Dianne Willmore, who died aged 49, and Enid Costello, who died aged 74, both victims of malignant mesothelioma. Similar claims are now expected from many other cancer sufferers exposed to “low levels”.
Mrs Willmore, from North Wales, died in October 2009, only one day after a judge said she was entitled to £240,000 – an award, made against Knowsley Council for negligently exposing her to asbestos fibres, which was frozen while appeals took place.
The mother-of-two contracted the cancer after apparently being exposed to asbestos dust as a pupil at Bowring School in Huyton, in the 1970s. She later moved to Wrexham.
Mrs Costello also fell victim to mesothelioma and died in January 2006, aged 74. Her daughter, Karen Sienkiewicz, initially lost a county court claim to compensation, made on behalf of her late mother’s estate, but won in the appeal court.
Mrs Costello was said to have breathed in dust containing asbestos when she was a secretary at a packaging factory in Ellesmere Port. The compensation claim was against her former employer Greif (UK) Ltd.
The Court of Appeal ruled compensation should be paid in both cases, but Knowsley Council and Greif UK fought the rulings in the Supreme Court. Seven Supreme Court justices unanimously dismissed their appeals.
Medico-Legal News Source: Claims Management Magazine
