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Allan Geyer is dying from the asbestos-caused disease after being exposed to the deadly substance at the Electricity Trust of South Australia (now Resi Corporation). He was was employed by the power station for over 30 years as a welder and boiler maker.
The District Court found ETSA was cognasant of the danger and are therefore liable for exemplary damages under the state’s Dust Diseases Act.
Annie Hoffman, Geyer’s solicitor stated that the man was relieved to have reached a result from the case.
“Mr Geyer was actually starting chemotherapy treatment the day that we received the judgment, so he was quite emotional when I gave him the call to tell him that he’d won the case against ETSA,” she said.
The award of $327,000 included $20,000 in exemplary damages, a provision allowed under the Act when a plaintiff can prove there was a known risk of exposure to asbestos.
Terry Miller of the Asbestos Victims Association embraced the judgement.
“Many thousands of ETSA employees up until the 1990s were exposed to asbestos dust in power stations around the state,” he said.
“This decision shows that ETSA knew of the dangers of exposure to asbestos and did not tell or protect its workers.
“People like Mr Geyer are dying as a result.”
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