Family who sued over father’s alleged exposure to asbestos settle case for €150,000

High Court reporters

The family of a man who it was claimed was allegedly continuously exposed to asbestos at work in the past has settled a High Court action over his death for €150,000.

Christopher Furlong, who died three years ago aged 71, was a machine operator with Smurfit Kappa Group and worked at its Ballymount Road, Walkinstown, Dublin factory for 11 years from 1966.

The family’s counsel, Aedan McGovern SC, told the court that spots were found on Mr Furlong’s lungs during a scan in July 2020 and a terminal lung cancer diagnosis was made in September 2020. Mr Furlong died in May 2021.

The proceedings were brought by Mr Furlong’s daughter, Claire McCann, of Mullingar, Co Westmeath on behalf of the family against Smurfit Kappa Group PLC, with a registered address at Beech Hill, Clonskeagh, Dublin.

It was claimed that during the course of his employment, Mr Furlong was continuously exposed to asbestos material resulting in him sustaining severe personal injuries, leading to his death on May 30th, 2021.

It was further claimed Mr Furlong had been exposed to a risk of injury which the company knew or ought to have known, and there was an alleged failure to take any adequate precautions for his safety while he was engaged in his work in the premises at Walkinstown.

It was maintained he had been allegedly required to work in premises which were unsafe and that the building, roof and pipe work and other related materials were allegedly insulated in asbestos.

It was also claimed there was an failure to carry out any adequate tests or inspections of the premises to determine the level of asbestos allegedly there.

Smurfit Kappa denied all the claims and contended if Mr Furlong had suffered any alleged personal injury it was not foreseeable or preventable.

It further contended that Mr Furlong had exposed himself to the risk by virtue of the fact that he was a cigarette smoker.

Counsel told the court that there was a difficulty with liability in the case and in relation to trying to establish what happened over 50 years ago.

Noting the settlement and the division of the statutory mental distress payment of €25,000, Mr Justice Paul Coffey wished the family well.