Family seeks death payout

They believe general labourer Terry Rutty was exposed to the deadly dust while working at a Kent oil refinery. He died from mesothelioma aged 65, leaving wife Laura. He had worked at the Isle of Grain Old Refinery for Cape Asbestos.

Today Helen Neuenhaus, for his lawyers, Birmingham-based Irwin Mitchell, said: "Mr Rutty was a talented man who was prematurely taken from his family.

"No amount of money could ever compensate his family for their loss. This case involves a point of principle.

"Mesothelioma, caused by asbestos exposure, is a preventable illness. The Cape Asbestos company knew of the dangers of asbestos many years before Mr Rutty worked for them.

"Evidence suggests the company exposed Mr Rutty to asbestos, failed to take any steps to warn its workforce against the fatal dangers of inhaling the dust and failed to provide any effective equipment to minimize the amount of dust inhaled by the workforce."

The writ has been issued against Wakefield-based Cape plc, formerly Cape Asbestos.

Victoria Geoghegan, Cape spokeswoman, said the writ was a confidential matter.

Mr and Mrs Rutty were popular in Ludlow and used to run tango classes at Ludlow Assembly Rooms for other residents.

Before Mr Rutty died he described the conditions in which he worked for the company.

"The asbestos was used as an insulating and lagging material around the tanks," he said.

"The asbestos insulation was a very fine, dusty material and was similar in texture to cotton wool. Men would stand on the top of the tanks and throw bales of insulation down to us.

"We would have to pack asbestos insulation as tightly as possible into the cavities. We would push it into crevices with our feet and hands.

"The atmosphere inside the cavities was thick with asbestos dust and fibres which were released from the insulation."

Mr Rutty experienced severe chest problems during the later years of his life.

By Andy Richardson