The terminally ill stonecutter resolves a lawsuit against Co Clare’s employer

A 51-year-old man with a terminal illness sued his employer for suspected exposure to silica dust, and his High Court lawsuit has been settled.
A 51-year-old man with a terminal illness sued his employer for suspected exposure to silica dust, and his High Court lawsuit has been settled.
His lawyer told the High Court that Igor Babol started working as a grinder operator and stone cutter at Ennis Marble and Granite in Co Clare in 2006.
Declan Barkley SC told the court that the terms of the settlement are confidential and based on a 50/50 decision on liability.
Igor Babol, Dun na hInse, Lahinch Road, Ennis, Co Clare has sued McMahons Marble and Granite Ltd, whose registered office is in Lisdoonvarna, Co Clare, under the transaction name Ennis Marble and Granite, Ballymaley Business Park, Ennis, Co Clare.
He was allegedly exposed to so-called dangerous and consistent concentrations of silica dust and other airborne particles.
He claimed that he allegedly failed to ensure that various machines and fans would not blow out dust and air-borne items, and allegedly failed to equip the factory with any adequate and functioning ventilation or air filtration system.
He also claimed that he allegedly faced risks that factory owners should be aware of.
The claim was dismissed, and the company argued that Mr. Babol had joint negligence because he allegedly should have worn a mask.
Mr. Babol claimed that he had breathing problems in November 2017 and went to see a doctor. He was referred to the hospital on December 18, 2017 due to shortness of breath and worsening of Raynaud’s syndrome. Mr. Barbor allegedly had a history of exposure to silica in the workplace, and examination confirmed that the skin on his hands, face and chest was thickened and his lungs crackled. The scan showed severe lung disease.
Mr. Babol’s symptoms worsened in March 2018 and he had to be admitted to the intensive care unit due to chronic kidney injury.
A therapist allegedly believes that although treatment is expected to reduce symptoms, the disease will progress and may lead to premature death.
The lawyer told the court that Mr. Barbor and his wife Marcella came to Ireland from Slovakia in 2005. They have a seven-year-old son Lucas.
Approving Settlement Judge Kevin Cross wished his family all the best and praised the two legal parties for bringing the case to court so quickly.