Widow of former maintenance worker settles claim following mesothelioma death

Michael was employed by Berry, Ede and White Ltd from 1970 to 1980, at which point his employment was transferred to B.E.W (Auto Products) Ltd. He carried on working for the company until 1992.  

In 1972, he became a maintenance assistant. Michael was based at the company’s Rochester factory but also worked at factories in Frindsbury and Sittingbourne.    

Michael was exposed to asbestos by cutting corrugated asbestos roof sheets with a bandsaw.  As he worked, the asbestos dust flew directly into his face and filled the air of his workshop. At the end of each day, he used an airline to blow the asbestos dust on the floor out of the room and into an alley outside.  

Although the workshop floor was cleaned every day, all other surfaces, including workbenches, tools, and materials, remained dusty. Michael used his hands to sweep asbestos dust from the workbench and wiped or blew asbestos dust off the tools and materials when he needed to use them.

Michael received no training about the dangers of asbestos and was not given any protective equipment or clothing despite working with asbestos-containing materials.

Prior to his diagnosis, Michael, who lived most of his working life in Chatham, was fit and healthy and enjoyed an active social and family life. However, in October 2022, he developed back pain, and following a series of investigations, he was diagnosed with mesothelioma in early December 2022 at the age of 75.  Michael died two months later.  

B.E.W (Auto Products) Ltd was notified of the claim and admitted fault without the need to start legal proceedings. A six-figure settlement was later negotiated on behalf of Michael’s family.  

Catriona Ratcliffe, senior associate solicitor at Leigh Day, who represented Michael and his family said:

“Michael worked with asbestos for a short, but intense period and his exposure was substantial. This was clearly recognised by the defendant and led to an admission of fault at an early stage. Sadly, Michael passed away only a few months after his diagnosis, but I’m pleased that the settlement will offer his family some financial security.”