Stone cutter with terminal illness settles case against Co Clare employer

A 51- year old man with a terminal illness and who sued his employer over alleged exposure to silica dust has settled his High Court action.

Stone cutter with terminal illness settles case against Co Clare employer

A 51- year old man with a terminal illness and who sued his employer over alleged exposure to silica dust has settled his High Court action.

Igor Babol, his counsel told the High Court began working as a grinding machine operator and stone cutter at Ennis Marble and Granite, Co Clare in 2006.

Declan Buckley SC told the court the settlement, the terms of which are confidential is based on the basis of a 50/50 determination on liability.

Igor Babol, Dun na hInse, Lahinch Road, Ennis, Co Clare had sued McMahons Marble and Granite Ltd with registered offices at Lisdoonvarna, Co Clare and trading as Ennis Marble and Granite, Ballymaley Business Park, Ennis, Co Clare.

It is claimed he was allegedly exposed to alleged dangerous and consistent levels of silica dust and other airborne particles.

He has claimed there was an alleged failure to ensure the various machines and fans did not blow dust and airborne articles about and there was an alleged failure to have any adequate and operating ventilation or air filtration system for the actual conditions at the factory.

He has also claimed he was allegedly exposed to a risk to which the factory owners ought to have been aware.

The claims were denied and it was contended by the company that there was contributory negligence on the part of Mr Babol as it was alleged he should have been wearing a face mask.

Mr Babol claimed he developed breathing problems in November 2017 and attended his doctor. He was referred to the hospital on December 18, 2017 with shortness of breath and worsening symptoms of Reynaud’s Syndrome. It is claimed it was noted Mr Babol had an alleged history of exposure to silica exposure in the workplace and examination confirmed thickening of the skin in his hands, face and chest with crackling in his lungs. A scan showed severe lung disease.

Mr Babol’s symptoms worsened in March 2018 and he had to be admitted to intensive care suffering from chronic kidney injury.

A treating expert it is claimed believes that despite treatment which is hoped will slow down the symptoms, the disease will progress and likely result in early death.

Counsel told the court Mr Babol along with his wife Marcella came to Ireland from Slovakia in 2005. They have a seven-year-old son Lucas.

Approving the settlement Justice Kevin Cross wished the family all the best and he praised the two legal sides for bringing the case to court so quickly.

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