THE widow of a former York chemistry lecturer whose routine experiments led to his death has won a significant legal victory.
Jim Sellwood worked as a senior lecturer at York St John University from 1963 to 1975 but died in November 2008, aged 73, of mesothelioma, brought about by exposure to asbestos.
The lectures and laboratory demonstrations he carried out were based on a textbook which advocated the use of asbestos mats, gauzes, wool, paper and rope in experiments.
His widow Mary, who lives in County Durham, has now reached an out-of-court settlement with the university and will receive a “substantial payout”.
Her legal representative Isobel Lovett, associate solicitor and industrial disease specialist at Irwin Mitchell, said: “As a senior chemistry lecturer, Mr Sellwood would regularly use asbestos materials and items of equipment containing asbestos, to demonstrate experiments to student chemistry teachers who in turn would carry out these demonstrations in school lessons.
“As these products were used and their condition deteriorated, they released lethal dust into the air. Mr Sellwood was totally oblivious as to the dangers of using these materials and as he was not supplied with any form of respiratory equipment, it was inevitable that he would inhale the deadly particles.”
The experiments were based on a textbook called “Chemistry, Collected Experiments”, published by the Nuffield Foundation in 1967.
A spokesman from the university said it “acknowledged” the claim and said it was settled out of court, without an admission of liability, following negotiation between the parties.
Mrs Sellwood said: “Jim and I were both devastated when he received his diagnosis. Before his death Jim remarked on the irony that the subject he loved and his role in imparting knowledge to students is what would ultimately kill him.
“Neither of us could believe that a substance which Jim worked with so many years ago could suddenly re-enter his life and have such devastating effects – within nine months of first experiencing symptoms Jim was taken from us.
“I never imagined it would happen so quickly and I was absolutely shattered when he died.
“The settlement will not bring back my husband, but I am pleased that the organisation which Jim loyally worked for over 40 years have recognised the conditions that led to his death.”
Mrs Lovett said: “For too long employers were able to needlessly expose their staff to dangerous substances such as asbestos without providing even a basic level of protection.
“It is only now, decades later, that we are truly learning the extent of the exposure and how many innocent victims are having their lives torn apart by their former employers’ negligence.”
The university spokesman said: “The university takes its responsibility for the health and safety of its staff and students very seriously and is satisfied that there is no present-day risk to health posed by asbestos in university premises.
“It is always a concern for us when claims of a historic nature such as this arise and our thoughts are with Mrs Sellwood and her family.”
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