The family of a man who it was claimed continuously exposed to asbestos at work in the past has settled a High Court action over his death for €150,000.
The High Court heard Christopher Furlong, who died three years ago at the age of 71, was a machine operator with Smurfit Kappa Group and worked at its Ballymount Road, Walkinstown, Dublin factory for 11 years from 1966.
The family’s senior counsel, Aedan McGovern, told the court that spots were found on Mr Furlong’s lungs during a scan in July 2020 and a terminal lung cancer diagnosis was made in September 2020. Mr Furlong died in May 2021.
The proceedings were brought by Mr Furlong’s daughter Claire McCann of Mullingar, Co Westmeath on behalf of the family against Smurfit Kappa Group PLC with a registered address at Beech Hill, Clonskeagh, Dublin.
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It was claimed that Mr Furlong was continuously exposed to asbestos material, resulting in him sustaining severe personal injuries leading to his death on May 30th, 2021.
It was further claimed Mr Furlong had been exposed to a risk of injury which the company knew or ought to have known, and there was an alleged failure to take any adequate precautions for his safety while he was engaged in his work in the premises at Walkinstown.
It was maintained he had been allegedly required to work in premises which were unsafe and that the building, roof and pipe work and other related materials were allegedly insulated in asbestos.
It was also claimed there was a failure to carry out adequate tests or inspections of the premises to determine the level of asbestos allegedly there.
Smurfit Kappa denied all the claims and contended that if Mr Furlong had suffered any personal injury, this was not foreseeable or preventable. It further contended that Mr Furlong had exposed himself to the risk complained of by virtue of the fact that he was he was a cigarette smoker.
Counsel told the court there was a difficulty with liability in the case and in relation to trying to establish what happened mote than 50 years ago.
Noting the settlement and the division of the statutory mental distress payment of €25,000, Mr Justice Paul Coffey wished the family well.
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