September 10th, 2007
Two asbestos victims, one of whom has now passed away, have lost compensation totalling seven hundred and sixty thousand dollars after a Court of Appeals overturned the awards that had been made to them for asbestos exposure, claiming that there was not enough proof to show that they were entitled to the compensation.
The awards had been made to seventy-nine year-old Dennis Moss, and sixty-four year-old David Hannell, who has now passed away from the asbestos related cancer, mesothelioma. Moss had been awarded two hundred and fifty-five thousand dollars, but the Court of Appeals found that there was not enough evidence to prove that the level of exposure he had suffered while carrying out jobs around the house was enough to result in asbestos related disease.
In the case of Hannell, the Court of Appeals ruled that the company that manufactured the products that he had been using when he allegedly was exposed to asbestos had not breached any care of duty to the man. Both men had claimed that their asbestos exposure was due to carrying out do-it-yourself jobs using asbestos laden products.
A lawyer for the plaintiffs and their families stated that the result was a hugely disappointing one, adding: "We will now review the judgment and the families will consider their options, which may include seeking leave to appeal to the High Court."
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