‘Ignorance is not an option’: Family claims companies caused father’s slow asbestos death

The daughter of a man killed by deadly asbestos poisoning says her family was forced to watch her “loyal and generous” father slowly die.

Ian Fitzsimmons, 78, died in March after a years-long battle with illnesses his family claim were the result of his years working with the fatal fibre as a carpenter and joiner at EJ Vibert’s Timber Yard in the 1960s and ’70s.

He started a legal fight against the now insolvent construction company, where he started working as a teenager, as well as former asbestos manufacturer James Hardie and Coy, now known as Amaca.

Mr Fitzsimmons died before his case made it to trial, but his daughter Tracy, and sons Dale and Shane, are carrying on his legal fight for damages and costs that mounted as a result of his medical care.

In documents filed in the Supreme Court, the siblings allege their father died because the companies did not protect him from ingesting asbestos by giving him PPE and did not warn him about how dangerous the mineral was.

From 1962 to 1971, he was a cabinet maker and joiner, before installing oil heaters for the company across Shepparton, which required him to cut into and clean up the asbestos-filled sheet.

Mr Fitzsimmons’ children claim this was how he was exposed to the dangerous dust, and as a result, both companies should have known he would have been at risk of developing lung disease.

Arnold Thomas & Becker lawyer Travis Fewster said, “For years, he was exposed to and inhaling dangerous dusts and fibres that sadly culminated in the cancer that cut his life short.”

“No amount of compensation will bring Ian back to his family, however we hope that we can raise awareness of the very real danger of asbestos.”

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