Cumbrian Car Garage Pay-out After Mechanic's Death

By Chris Story

The family of a Carlisle man who died of asbestos-related cancer has won a cash payout from the former garage they blamed for his illness.
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Anthony Earl: ‘No amount of compensation can replace our loss’Relatives of Robert Earl have secured an out of court settlement against County Garage, where he worked as a mechanic’s labourer in 1969.

It was revealed that the undisclosed sum was agreed despite the company making no admission of liability.

And Mr Earl’s family said no amount of money would bring the loving father and grandfather
back.

They had been determined to prove that he was exposed to the asbestos which triggered his illness during his six to eight months working for the garage.

During this time they argued he had been exposed to asbestos brake linings which he had used to replace old worn brake linings in the company’s commercial vehicles.

Their argument was backed by another former County Garage colleague, who came forward following a witness appeal in the local media.

Mr Earl, of Belle Vue, died in November 2005 – 10 months after he was diagnosed with mesothelioma. He was 64.

He had been nursed throughout his illness by wife Avril, who pursued the claim against his former employers supported by her family.

They were represented by Rodger Maddocks, of Newcastle-based law firm Irwin Mitchell.
Mr Earl’s son, Anthony, said: “The last few years have been very difficult for my family.
“No amount of compensation can replace what we have lost, but we hope we can now move forward.

"We would like to thank Irwin Mitchell for its hard work in pursuing the claim against the company despite the difficulties faced and thank those who were able to give us information about County Garage and the use of asbestos in the workshop, which helped us secure justice for my dad.”

Mr Maddocks, an industrial disease specialist, said the information provided by Mr Earl’s former colleagues was crucial in the case.

He added: “The company did not accept that Mr Earl would have been exposed to dangerous asbestos fibres during the course of his employment with them.

“The information Mr Earl’s former colleagues were able to provide assisted us in establishing what was done in the workshop and how much contact Mr Earl would have had with new and old asbestos brake linings.

“This information was used by our expert to confirm that Mr Earl would have been exposed to asbestos brake linings, which contained dangerous asbestos fibres.”

In 2006 former north east Cumbria coroner David Osborne ruled that Mr Earl died of mesothelioma and was the victim on an industrial disease.

It was claimed at his inquest that neither Mr Earl nor his colleagues were provided with protective overalls or breathing masks.

Mr Earl worked for County Garage while it was based at Hardwicke Circus.

The firm, now at Kingstown, no longer exists as it was and is part of the GK Group.
A GK Group spokesman yesterday said the firm was unable to comment.

But, following Mr Earl’s death, County Garage said they sympathised with his family, but that their practices would have been no different to others in the industry at that time.

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