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Widow wins £92,500 payout
Andrew Robinson A WIDOW has criticised a Yorkshire manufacturing firm after winning a legal battle over the death of her husband from asbestos-related cancer.
Aileen Gardner, 72, has spoken out after winning 92,500 in an out-of-court settlement from bed linen maker John Cotton Group, of Mirfield, West Yorkshire.
Her husband, Jack, was 73 when he died from mesothelioma an asbestos-related cancer in October 2001.
While working for John Cotton between 1958 and 1960 it is believed he came into contact with asbestos fibres while unloading and cleaning old hessian sacks, which had previously contained the hazardous material.
Mrs Gardner, originally from Batley but who has lived in Australia since 1972, said: "I feel angry and upset my husband is dead through no fault of his own. He's left behind four grown-up children and their families and we all miss him terribly. No amount of money will ever compensate for the loss we all feel."
Her payout and costs were secured with the help of Helen Ashton, of law firm Irwin Mitchell, based at the firm's offices in Sheffield's Riverside.
Ms Ashton said: "I was particularly disheartened by the aggressive stance the company took in defending this case. Had it not been for its reluctance to accept it ever employed Mr Gardner, or admit he had been exposed to asbestos during the course of his work, the case could have been resolved much earlier than it was.
"The John Cotton Group, via their solicitors, continually attempted to discourage Mrs Gardner from pursuing her claim for compensation. It was only on the day before the trial was due to start that the company finally made a realistic proposal for settlement and compensation for Mrs Gardner was agreed."
The company, according to Ms Ashton, disputed it had employed Mr Gardner, despite him providing a statement confirming his employment there, as well as drawing a detailed sketch plan of the inside of the factory. A witness also subsequently came forward to confirm that Mr Gardner had worked for the company.
In his statement Mr Gardner said: "The process of unloading the sacks and placing them in a metal tube for cleaning meant I would breathe in asbestos dust in the air. Asbestos is very difficult to remove and the fibres would frequently get stuck in my clothes, hair and on the floor of the factory, which I would regularly sweep in order to keep clean.
"In the 18 months I was employed there I was never warned of the risks of working with asbestos, nor was I ever provided with any respiratory protection."
Ms Ashton added: "I was astounded by the way the company chose to defend this case. Employers should help, not hinder, the process that provides widows and families with the compensation they rightly deserve."
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Saturday 11 February 2012
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