Terminally ill man settles case over alleged exposure to silica dust

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

The settlement in the case of Igor Babol is on confidential terms and is based on a 50/50 determination of liability, the court heard.

Mr Babol (51), Lahinch Road, Ennis, Co Clare, began working as a grinding machine operator and stone cutter at Ennis Marble and Granite, Co Clare in 2006.

He 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.

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

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

He alleged he was exposed to a risk of which the factory owners ought to have been aware.

The claims were denied and the company also pleaded contributory negligence by 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 hospital on December 18th, 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 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 was admitted to intensive care suffering from chronic kidney injury.

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

Declan Buckley SC, for Mr Babol, said his client, along with his wife, came to Ireland from Slovakia in 2005 and have a seven-year-old son.

Approving the settlement, Mr Justice Kevin Cross wished the family the best and praised the legal teams for bringing the case to court so quickly.