Family of Paisley woman, who had asbestos related cancer, want employers to admit liability

Published 24th Oct 2017

Family of a woman who contracted an asbestos linked cancer are suing her husband's former employer after claiming he returned home with contaminated clothing which she washed.

Non-smoker Adrienne Sweeney died in 2015 after she became breathless and was found to have mesothelioma.

Prior to her death at the age of 75 Mrs Sweeney gave a statement to a paralegal for a law firm detailing her employment history and that of her late husband William.

Joe McCluskey told a court: "She said she knew there was asbestos dust on his overalls that she washed."

Relatives of Mrs Sweeney raised an action against Babcock International at the Court of Session in Edinburgh seeking compensation following her death.

Her children Kay Gibson (54) of Paisley, Jan Sweeney (52) of Moscow and William Sweeney (50) of Beith, both Ayrshire, originally sued for pounds 50,000 each as individuals.

Her oldest child, Kay, also sought £200,000 as the executrix of her estate with lesser sums sought by other family members.

But at the beginning of the action Simon Di Rollo QC said that agreement had been reached on the level of damages to be awarded if the action succeeded.

Mr Di Rollo told judge Lady Carmichael: "We are just concerned with the issue of liability."

The senior counsel said: "This is a case of secondary exposure." He said there was an issue between the parties as to whether and to what extent Mr Sweeney was exposed to asbestos during his employment with Babcock in the sixties and seventies at a boiler making factory.

Neil Mackenzie, counsel for Babcock, said: "This case deals with events in a very large factory more than 40 years ago. The defender's position is the evidence is very thin indeed."

He said that there was nothing to suggest that warnings given to shipyards were given to factories such as the boiler factory in Renfrew.

Mr McCluskey (43) said he had met Mrs Sweeney at her home in June 2015 to take notes for a statement. He said: "She was emotional, understandably. She was very lucid and able to hold a conversation without any difficulty."

She explained her late husband, who died in 2008 aged 71, had worked as an engineer/fitter at the boiler plant and came home with asbestos dust on his overalls and other clothing.

In the action it is said Mr Sweeney's overalls and clothing was contaminated with asbestos dust and he would give his wife a cuddle on arriving home. His wife washed the items and would also shake out the pockets and turn ups. She also swept up the dust.

It is claimed that as a result of her exposure to asbestos Mrs Sweeney contracted mesothelioma.

The firm is contesting liability in the action.

The hearing before Lady Carmichael continues.