Late docker’s asbestos-linked cancer case settled for €42k

The family of a Dublin docker who died seven years ago from a cancer later found to be linked to asbestos dust has settled their High court action for €42,000.

Martin Kelty (68), a father of five and grandfather of twelve, died six to eight months after the cancer was diagnosed.

The family’s counsel John Nolan BL told the court on Tuesday Mr Kelty had worked on the Dublin docks from 1964 until his retirement in 1977. He died in 2012.

At an inquest in 2013 into his death, the State pathologist noted the type of cancer Mr Kelty had was linked to those who had been exposed to asbestos, counsel said.

Mr Kelty's daughter Emily Kelty, Cloonmore Gardens, Jobstown, Dublin had sued Burke Shipping Group ,Ocean Pier, Alexandra Road Dublin and the Dublin Port company, Alexandria Road, Dublin.

Martin Kelty was a docker who started working in 1964 in the docks unloading cargo from vessels with a crane or by the use of ships derricks.

Cargoes were carried loosely in the holds of vessels and not in containers and this, it was claimed, was particularly so in respect of asbestos which came in bags.

The dust from the asbestos, it was claimed, was ingested by Mr Kelty who was unloading the vessels.

It was claimed no safety equipment was provided.

It was claimed there was failure to acknowledge the dangers of asbestos and to assign a special berth for the docking of vessels carrying such cargoes.

There was also failure to warn Mr Kelty of the dangers of asbestos, it was alleged.

The claims were denied.

Mr Nolan said it was only at the inquest into Mr Kelty’s death in August 2013 that his family heard evidence from the State pathologist the cancer was linked to exposure to asbestos.

Mr Justice Kevin Cross approved the settlement.