Heirs of yard worker killed by asbestos win €103,000 in damages

The government has been ordered to pay over €103,000 to the heirs of a shipyard employee who died as a result of exposure to asbestos while at work.

Testifying before Mr Justice Philip Sciberras, Joseph Fenech's wife told the court that her husband died in February, 1997 and that his death resulted from exposure to asbestos in the course of his work as a boilermaker at the shipyard.

Mr Fenech had terminated his employment in early 1995 as a result of his illness, which was a cancer known as mesothelioma. He died two years later aged 55. His family held the shipyards responsible for his death.

On its part, the shipyard disclaimed responsibility for the death. But, in a judgment delivered in December 2006, the First Hall of the Civil Court had found the government liable in damages for Mr Fenech's death. The case was put off for judgment on the award of damages due to the Fenech family. It was a general principle at law, Mr Justice Sciberras said, that the death of an individual caused by the negligence of a third party gave rise to damages consisting in material losses and loss of future earnings.

In this case it resulted that Mr Fenech had been forced by his illness to retire from work in January 1995 dying two years later.

The multiplier the court would adopt in liquidating the damages was that of eight years, being the period between the diagnosis of Mr Fenech's illness in 1995 and the date on which he would have been eligible for retirement, 2003.

The total income to which Mr Fenech would have been entitled in that eight-year period was of €137,521. From this sum the court deducted 25 per cent which amount was calculated to be for personal consumption.

The government was, therefore, ordered to pay Mr Fenech's heirs €103,114 in damages.