$1m payout for mesothelioma sufferer

A 62-year-old man with mesothelioma has been awarded $1.15 million in compensation by a Victorian Supreme Court jury after being exposed to asbestos at a WA James Hardie factory in 1972.

Former machinist and fitter Eric King was exposed to asbestos when he visited a James Hardie factory at Welshpool in 1972 on three occasions lasting several hours each.

Mr King, who now lives in Tasmania, was not warned about asbestos or given a mask while employed to conduct maintenance.

A jury today found that James Hardie had failed to take reasonable care to avoid Mr King’s exposure to asbestos and that this caused his mesothelioma.

Phil Gleeson, Maurice Blackburn’s Perth principal, said the jury found in Mr King’s favour because the company had failed to warn and adequately protect Mr King.

“This is an important verdict because it is the first mesothelioma case to go to verdict in Victoria in more than 10 years,” Mr Gleeson said.

But the case had many obstacles along the way. Mr Gleeson said the company had applied to the Supreme Court on two occasions to have the jury dismissed and have the case decided by the judge alone.

The company applied one more time to have the jury’s verdict dismissed after it had been returned, but the application was refused.

“This result is a relief and is vindication for Mr King who has always felt that his exposure at the James Hardie factory was the cause of his condition.”