TUC Risks 23rd February reported that a mechanic from Perth has made Australian legal history by successfully suing the Ford Motor Company for Aus$840,000 (£396,000) after he proved that his job caused his asbestosis.
The Supreme Court of Western Australia ruled that Ford was responsible for the asbestosis now crippling Antonino Lo Presti, 58, and awarded him damages. Mr Lo Presti, an Italian immigrant who struggles with English, worked for a variety of Ford dealerships between 1970 and 1987 across Western Australia, servicing vehicles that were fitted with brakes that contained asbestos in the lining. The trial, held over two months last year, heard that compressed air was used to blow the brakes out during servicing.
Evidence was given by several of Mr Lo Presti's former workmates, who said the process created an extremely dusty environment, with the asbestos dust settling on desks and getting in people's hair, mouth and nose.
Mr Lo Presti did not become aware until 1994 that the method was dangerous and should not have been used. 'Before that, the plaintiff did not know (or believe) that exposure to brake dust and fibres might be dangerous and that measures should be taken to reduce the generation and inhalation of dust,' judge Andrew Beech said in his judgment.
He added that Ford 'ought to have known that if no protective measures were taken, there was a real risk, not merely a far-fetched or fanciful prospect, that asbestos fibres released from the brake linings of Ford vehicles would cause life-threatening injury, including mesothelioma, to motor mechanics.' Mr Lo Presti's wife, Connie, said life had been a struggle since her husband was diagnosed seven years ago with asbestosis and was forced to quit work. She said the financial burden of the disease had forced her to hold down three jobs while caring for her husband.
On March 12th 2008, the Melbourne Herald Sun reported that FORD Australia has lodged an appeal against the decision.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment