The family of a former CIE employee who died as a result of exposure to asbestos dust 30 years ago has been awarded £208,372 against the company and the suppliers of the insulation material, J.W. Roberts Ltd.
The award, made in the High Court in London yesterday, apportions 30 per cent of the blame to Iarnrod Eireann and 70 per cent to Roberts Ltd. A spokesman for Iarnrod Eireann said last night the company was considering the outcome of the case. It did not anticipate that the decision would result in a large number of follow-on cases. He declined to say how many outstanding cases there are at present, but these are understood to amount to less than 10.
The case was brought by Mr Derek O'Toole of Alton, Hampshire, on behalf of his family. His father, Patrick, died of mesothelioma, a slow-growing cancer of the lungs, in November 1987 aged 54. He was survived by his widow Hilda, son Derek and daughter Vivienne.
The court was told that Mr O'Toole had been exposed to the asbestos on a regular basis in 1954 and 1955, when he worked as an apprentice fitter in the company's coach house at Inchicore, Dublin, on "Park Royal" railway carriages. The carriages had been sprayed earlier with blue asbestos by J.W. Roberts Ltd, a Manchester-based company.
Mr Justice Hayward said he was satisfied Mr O'Toole "was exposed on a regular basis to a substantial quantity of asbestos dust, and that exposure caused the mesothelioma from which he tragically died. I am also satisfied that the exposure was caused, or materially contributed to by the negligence of both defendants."
Eye witnesses referred to "clouds" of dust, and mounds of asbestos lying around "like snowballs". The judge was told the dust was given off as a result of the spraying process and when labourers were sweeping up the remnants afterwards.
He awarded 70 per cent of the damages against J.W. Roberts on the basis that it knew at the time of the possible danger to those working with asbestos and had failed to warn Iarnrod Eireann of these hazards.
He said Iarnrod Eireann could not be blamed for failing to foresee the potential risks of working in close proximity to asbestos, but the company should have considered the possibility that exposure to the dust generated "created a foreseeable risk of causing some pulmonary injury".