Man Sues Moray Council for Developing Mesothelioma Due to Asbestos Exposure

An elderly person has sued his formal place of work as it became the cause for developing terminal cancer due to prolonged exposure of asbestos. John Kelman claims of being exposed to asbestos at work that actually caused him to develop the disease.

People are now becoming more aware about their rights, especially in the cases of developing asbestos related diseases like mesothelioma. As per a news published on BBC, one such person named John Kelman approached to the court to sue his work place where he worked previously. The company where he worked was Moray Council and he decided to sue the company for all the damages and suffering.

Kelman believes that he developed the condition due to the sole negligence of the company due to which he had to face continued asbestos exposure at work. He worked with this organization in the early 1980's.

After he approached the court, the judge Lady Wise allowed the action to be taken against the company at the Court of Session.

In general we have seen that actions can be preceded within 3 years of sustaining injuries. In the hearing, the court heard Mr. Kelman was aware of his condition. He worked with large storage heaters in houses between the years 1980 and 1984.

While hearing the case, Judge Lady Wise noticed Mr. Kelmen had some pleural plaques and areas of thickened tissues in the year 1999. But they didn't take a bitter shape and convert into cancer. He was discharged from the hospital 2001.

 

 

Asbestos Exposure Claims

Wise also heard some evidence where the grandfather of four had gone to his doctor earlier in the year 199's after developing cough. His wife stated that it was so bad that she could hear his voice before could actually see him.

But Mr Kelmen was finally discharged and he started believing that he was all fine until 2019. But after his diagnosis, he decided to launch legal proceedings against the company mentioned.

And so, Mr Kelmen's lawyers asked for permission from Lady Wise to go ahead in this case as per the law. In most cases, such legal actions are to be taken within 3 years of diagnosis. But his lawyers argued in the court that this case should be treated as an exception.

After the arguments from Mr Kelmen's lawyers, Lady Wise finally released a written order where she allowed them to proceed with the action. She said that the claim has the value somewhere in the region of £150,000 to £200,000.

Th judge further stated that Mr. Kelmen was a hard working person during his tenure with Moray Council who had never known that his condition was sufficiently serious. And so, he has all the right to proceed with the case ahead.

Also Read: What Are the Risk Factors Associated With Mesothelioma?

Source(s):

https://www.bbc.com/news/uk-scotland-north-east-orkney-shetland-59782425