A factory manager who claimed he has a terminal illness as a result of exposure to asbestos at a Dublin plant where he worked for 24 years settled his action against his former employer at the High Court yesterday.
Mr Derrick McCarthy (54), of Raheen, Limerick, sued Smurfit Corrugated Ltd, previously known as SCC Ltd, in whose plant at Ballymount Road, Walkinstown, Dublin, he had been employed from 1966 to 1990. Since 1990, he has been an employee of a company in Limerick.
Shortly after Mr McCarthy had concluded his evidence yesterday, Mr Justice Smith was told the matter had been settled.
Mr Seamus McKenna SC, for Mr McCarthy, said "this difficult case" would not trouble the court further.
Mr Justice Smith struck out the action and wished Mr McCarthy well, describing him as very courageous and brave and as someone who kept himself very fit and physically well.
Mr McCarthy claimed that between 1966 and 1990 he had been employed initially as a machine operator and later in a number of managerial positions. In or about 1966, it was claimed, the premises were roofed with asbestos fibre. In the course of his employment, he was exposed to asbestos and to inhaling particles, in consequence of which he sustained personal injuries.
It was claimed Mr McCarthy suffered from malignant mesothelioma which affects the lungs and has an incubation period of 10-40 years.
The defence denied the claim and pleaded that if Mr McCarthy did sustain the alleged injuries they were not caused by any act or omission by the defendant, its servants or agents.