THE HIGH COURT TODAY (TUESDAY) AWARDED #100,000 CO
THE HIGH COURT TODAY (TUESDAY) AWARDED #100,000 COMPENSATION
TO THE WIFE AND SIX CHILDREN OF A SURREY MAN WHO DIED TRYING TO SAVE
THE LIFE OF A WORKMATE.
HARRY DUMBLETON, A PIPEFREEZING TECHNICIAN, HAD BEEN TING TO
RESCUE HIS CONTRACTS MANAGER, MR TERRY ELLIS, WHO HAD COLLAPSED IN A
TRENCH AFTER INHALING NITROGEN FUMES.
MR.
DUMBLETON JUMPED INTO THE TRENCH TO HELP BUT WAS ALSO
OVERCOME BY THE FUMES.
HE DIED LATER THAT DAY.
MAKING THE AWARD MR.
JUSTICE ROUGIER SAID: ‘THIS IS A
TRAGIC ACCIDENT.
WHERE COMPENSATION IS CONCERNED, MONEY IS A
MOCKERY FOR THE LOSS OF A HUSBAND AND FATHER.
BUT IT IS THE ONLY
THING THAT CAN BE DONE.
‘
MR.
DUMBLTEON’S THREE CHILDREN AND THREE STEP-CHILDREN WERE
ALL UNDER 17 WHEN HE DIED.
HIS YOUNGEST SON WAS ONLY THREE.
HIS WIFE BARBARA, 45, OF FAIRCHILDS AVENUE, NEW ADDINGTON,
CROYDON, SURREY, WAS AWARDED #81,500.
THE REST OF THE MONEY IS TO BE
DIVIDED BETWEEN THE CHILDREN.
MRS.
DUMBLETON SUED HER LATE HUSBAND’S EMPLOYERS, B.
C.
B.
PIPEFREEZING OF WILBUR HOUSE, STATION ROAD, HENDON, FOR NEGLIGENCE
AND BREACH OF STATUTORY DUTY.
THE ACCIDENT OCCURRED ON JUNE 24, 1982, AT BETHLEM ROYAL
HOSPITAL IN MONKS ORCHARD ROAD, BECKENHAM, KENT.
MR.
DUMBLETON HAD BEEN WORKING WITH CONTRACTS MANAGER MR
ELLIS AND ANOTHER TECHNICIAN, MR STEPHEN KING, REPAIRING
WATERPIPES IN A 6FT 6-INCH DEEP EXCAVATED TRENCH.
TO REPAIR THE PIPES WITHOUT INTERRUPTING THE HOSPITAL’S WATER
SUPPLY, BCB PIPEFREEZING HAD BEEN REQUESTED TO FREEZE THE DAMAGED
PIPES WITH LIQUID NITROGEN.
WHILE THE NITROGEN WAS BEING PUMPED INTO PIPEFREEZING JACKETS,
MR ELLIS WENT DOWN INTO THE TRENCH.
HE COLLAPSED A SHORT TIME
LATER.
MR KING ALSO WENT INTO THE TRENCH AND QUICKLY SHOUTED TO
MR.
DUMBLETON, WHO ALSO JUMPED DOWN.
MR KING RECOVERED FROM THE INCIDENT BUT MR DUMBLETON
RECEIVED A FATAL DOSE OF THE NITROGEN.
MR.
CHRISTOPHER GARDENER, REPRESENTING MRS.
DUMBLETON, SAID
BCB PIPEFREEZING HAD FAILED TO PROVIDE SAFETY EQUIPMENT WHICH MAY
HAVE SAVED HER HUSBAND’S LIFE.
HE TOLD THE COURT THAT EXTRACTORS SHOULD HAVE BEEN PROVIDED IN
THE TRENCH TO REMOVE THE FUMES AT THE BASE OF THE EXCAVATION.
‘MR.
DUMBLETON HAD REQUESTED AN OXYGEN METER, BUT NONE, IN
WORKING ORDER, HAD BEEN PROVIDED,’ HE ADDED.
MR.
GARDENER SAID EMPLOYEES HAD NOT BEEN ADEQUATELY INSTRUCTED
IN THE HAZARDS OF THE JOB AND EMERGENCY PROCEDURES.
‘NO-ONE SHOULD HAVE GONE INTO THAT TRENCH WHILE NITROGEN WAS
BEING PUMPED IN JACKETS,’ HE SAID.
HE ADDED THAT SAFETY HARNESSES AND BREATHING APPARATUS SHOULD
HAVE BEEN ON HAND.
THE COMPANY – CONVICTED IN JULY, 1983, FOR FAILING TO
PROVIDE A SAFE WORKING SYSTEM, WITH MEASURES FOR
EMERGENCY RESCUES – ADMITTED LIABILITY FOR ACCIDENT.
ENDS.
NOTE: WE WERE UNABLE TO GET ADDRESSES FOR MR ELLIS OR MR KING.
ENDS NOTE.
