Terence Burns, from Widnes, died in November 2020 and a post-mortem confirmed the cause of death as malignant mesothelioma due to asbestos exposure. His daughter, Kate Edgar, instructed our Senior Associate, Laura Wilkinson, to investigate a compensation claim against his former employers.

Terence had worked for over 20 companies throughout his 40-year career, which was sadly cut short by an industrial injury in 1986. One of his proudest moments was when, aged 29 in November 1960, he became the first person to cross the new Runcorn-Widnes bridge, which has since been renamed the Silver Jubilee Bridge. As a steel erector, he jumped across a 2ft gap to guide the final steel girder into position on the Runcorn side of the River Mersey. This exploit earned him the accolade of Spider-Man and his “daring leap” 280ft above the river made a splash in many of the national newspapers at the time!

Terence later worked as a steel erector for Fleming Brothers (Structural Engineers) Limited between 1964 and 1982 and for Petricon Structures Limited between 1984 and 1988. The companies were contracted to sites owned by Imperial Chemical Industries Limited (“ICI”), namely Castner Kellner, Rocksavage and Pilkington Sullivan.

As we were only instructed to investigate a claim after Terence’s death, we were unable to obtain a witness statement from him outlining the detail of his asbestos exposure. We did, however, obtain a witness statement from Terence’s son who worked alongside him in the same role at the ICI sites. Furthermore, we ran an appeal for witnesses on Facebook, which located a crane operator who worked with Terence at the ICI sites and who, like Terence, was sub-contracted to Petricon Structures Limited. He was able to provide us with a witness statement detailing Terence’s asbestos exposure whilst dismantling old steelwork and pipework, which included knocking off old asbestos lagging.

We also obtained a medical report from an independent respiratory consultant who confirmed that Terence’s asbestos exposure whilst working at the ICI sites materially increased the risk of him developing mesothelioma. He confirmed that Terence had no pre-existing medical conditions that would have impacted his life expectancy but for the mesothelioma and that the mesothelioma reduced his life expectancy by 4.4 years.

The claim settled against the companies’ insurers in a six-figure sum without the need to issue Court proceedings.

Laura Wilkinson, who represented Kate, said: “Sadly, Terence’s story is not an unfamiliar one for those who worked at ICI sites and other heavily industrialised areas up to the 1980s. Asbestos was widely used as an insulation material in many shapes and forms and was installed, interfered with and removed, which released asbestos dust and fibres to which countless workers were exposed. Kate’s claim on behalf of Terence’s Estate was successful against the two above-named companies that employed him at the ICI sites and has brought some justice to his family.”

Terence started experiencing pain on the left side of his upper body and in his stomach in early 2020. He underwent a chest x-ray and CT scan and a build-up of fluid was found on his left lung. A pleural drain removed 1600ml of fluid and he was later fitted with an Indwelling Pleural Catheter to remove further build-ups over the following few months.

Terence’s condition deteriorated from October and he sadly died on 3 November 2020, less than 7 months after his diagnosis.

At the time of his death, Terence was widowed having lost his wife, Joan, in December 2010 after 55 years of marriage. He lived with two of their 7 children, James and Thomas.

Kate said, “Before his diagnosis, dad had been active despite his age. He was a practising Catholic and went to church once a week and ran a local prayer group. He enjoyed spending time with his granddaughter, Alex, who took him on shopping trips, to flea markets and museums. They also enjoyed going on holiday together and went to Malta in February 2020 shortly after dad started experiencing symptoms due to the mesothelioma.

When we saw dad – an independent person with a strong, adventurous spirit - struggling with pains in his side, we knew instinctively that something was wrong. However, dad’s diagnosis with mesothelioma still came as an incredible shock to me and the rest of the family. He managed at home with the support of his family until the October when his condition began to deteriorate rapidly, and he was soon needing around-the-clock care. This latter stage was quite heart-breaking for the family, as dad had always been a physically robust and self-sufficient man. A year and a half has passed since losing dad and we all miss him terribly.”

Kate said of RWK Goodman: “More than excellent - their practice operates to very high standards, and I was always treated with warmth and courtesy. It was clear from the outset that I was with the ‘right’ firm. This belief was consolidated as the in-depth expertise, skilful drafting of documents and clear concise advice from Laura Wilkinson (the Senior Associate dealing with my case) was evident throughout the process. I would heartily recommend their services.”