A grandfather who claims exposure to asbestos at work left him with terminal cancer is being allowed to sue Moray Council.
John Kelman is seeking compensation from the local authority, which he worked for 40 years ago, after being diagnosed with debilitating mesothelioma in March 2019.
The grandfather-of-four believes he developed the condition through exposure to asbestos while working with large storage heaters in council houses between 1980 and 1984.
The Court of Session heard how the father-of-two has been told his cancer diagnosis is terminal.
In a written judgement, judge Lady Wise gave Mr Kelman permission to proceed with his action and said his claim could value in the region of £150,000 to £200,000.
First felt unwell in 1999
Mr Kelman was first treated for pleural plaques in 1999 after his wife Linda noticed he had a cough so bad she could “hear him before she’d see him”, the court heard.
These plaques, thickened areas of tissue on the lungs, didn’t develop into cancer, though, and Mr Kelman was discharged from care in September 2001.
Mr Kelman believed he was well and continued to live his life normally, golfing regularly and feeling “hunky-dory” until 2019.
However, following his diagnosis, Mr Kelman launched legal proceedings.
Exception to rules
Normally, actions can only proceed within three years of a pursuer sustaining injuries, but the circumstances in his case have warranted an exception to that rule.
Lady Wise wrote: “Mr Kelman presented as a hard-working individual who had left school at the age of 15 and had been in regular employment from then until retirement.
“The evidence led at proof clearly illustrated that Mr Kelman did not have actual knowledge that the injuries he had sustained were sufficiently serious to justify bringing an action of damages until he was diagnosed with mesothelioma in early 2019.
“An important fact, in this case, is that Mr Kelman remained asymptomatic throughout.
“The initial cough about which he had attended the doctor in 1999 cleared up quite quickly and he remained asymptomatic thereafter.”
Thought things were ‘hunky-dory’
“He understood that the follow-up appointments were routine and he stated in terms that he thought things were ‘hunky-dory’, or absolutely fine,” the judge added.
“There is nothing in the medical records available to indicate that he was advised of the risk of mesothelioma and lung cancer, other than so obliquely that it meant nothing to him.”
She concluded that Mr Kelman had never been given any reason to think his injuries were serious enough to prompt further inquiries at the time.
Lawyers for Moray Council told the court that the local authority has only conducted “limited investigations” into Mr Kelman’s claims at this stage.
They said they are unable to lodge a defence to the action at this point in time and also cannot say at this time the claim is without merit.
