The High Court has resolved a lawsuit related to the demise of a man, allegedly caused by ongoing exposure to asbestos at his workplace, for €150,000. Three years ago, at 71 years of age, Christopher Furlong, an employee of Smurfit Kappa Group, passed away. For 11 years starting in 1966, he operated machines in the company’s factory on Ballymount Road, Walkinstown, Dublin.
According to Aedan McGovern, the chief attorney for the family, patches were discovered on Mr. Furlong’s lungs during a 2020 scan and by September the same year, a terminal lung cancer diagnosis was established. He succumbed to the illness in May 2021.
Claire McCann, Mr Furlong’s daughter from Mullingar, County Westmeath, took legal action against Smurfit Kappa Group PLC on behalf of her family. The company, registered at Beech Hill, Clonskeagh, Dublin, was alleged to have constantly subjected Mr. Furlong to asbestos, leading to serious injuries that resulted in his untimely death on the 30th of May, 2021.
Further allegations indicated that the company exposed Mr Furlong to a known or expected risk of harm, and failed to ensure his safety in the Walkinstown premises. It was also alleged that he was instructed to work in an unsafe environment where the building, roof, piping, and other related materials were insulated with asbestos.
Other allegations against the company included the failure to perform thorough tests or inspections to assess the level of asbestos allegedly present. Smurfit Kappa, however, refuted all accusations, arguing that any personal injury, if sustained, was neither foreseeable nor preventable. They also contended that Mr Furlong had put himself at risk due to his cigarette smoking habits.
The court was informed by the counsel of difficulties in establishing liability in the case and complexities surrounding events that occurred over half a century ago. Upon acknowledging the settlement and division of the statutory distress payment of €25,000, Mr Justice Paul Coffey expressed his goodwill towards the family.