Maurice Blackburn

Jury orders James Hardie to pay $1.15m to asbestos victim

A 62-year old man with mesothelioma has been awarded $1.15 million in compensation by a Victorian Supreme Court jury after being exposed to asbestos at a James Hardie factory in 1972.

Eric King was employed as a machinist and fitter and in 1972 visited a James Hardie factory at Welshpool, near Perth in Western Australia on three occasions for several hours.

Mr King was employed to conduct maintenance on a machine in the asbestos cement sheeting factory. He was not warned about asbestos or given a mask.

Today, a jury of four women and two men found that James Hardie failed to take reasonable care to avoid Mr King's exposure to asbestos and that this caused his mesothelioma.

Maurice Blackburn Asbestos Principal Andrew Dimsey said the jury found in Mr King's favour because James Hardie had failed to warn and adequately protect Mr King from the asbestos dust.

"This is an important verdict because it is the first mesothelioma case to go to verdict in Victoria in more than 10 years," Mr Dimsey said.

"James Hardie applied to the Supreme Court on two occasions to have the jury dismissed and have the case decided by the judge alone.

"After the jury returned its verdict, James Hardie applied again, to have the judge dismiss the jury's verdict and replace it with a finding in favour of James Hardie.

"Their application was refused.

"This result is a relief and is vindication for Mr King who has always felt that his exposure at the James Hardie factory was the cause of his condition."