The Court of the Social Number 10 of Madrid has condemned Metro to compensate with more than 370,000 euros to the family of Julián Martín, the maintenance worker who died of cancer from exposure to asbestos during his work.
The deceased was the first case of illness recognized in the company for exposure to this material and another employee also died for the same cause. Apart, last Tuesday died of lung cancer a partner of both but in this case there is no report yet to link his death with asbestos.
In a sentence, which has had access to Europa Press, the magistrate of the Court considers the claim filed by his widow and daughter and decrees that the suburban Madrid to pay the amount of 371,733 euros for damages resulting from the death of this employee due to occupational disease. The appeal can be appealed against the court ruling before the Social Chamber of the Superior Court of Justice of Madrid.
The judicial resolution considers, as requested by the legal representation of the family, to apply the scale of damages established in the Law of Insurance in the Circulation of Motor Vehicles that supported the demand prepared by the lawyer Fernando Morillo to demand from the suburban an amount of almost 400,000 euros.
Specifically, an amount of 158,465 euros is set for respiratory failure suffered by the deceased from August 2018 to the date of death, along with another 17,628 euros for serious personal injury that led to the period of stabilization of his condition ( alluding to 16 days of hospitalization qualified as serious damage).
On the other hand, the concept of moral damage and loss of quality of life is set at 100,000 euros when considering that the process of the disease was "increasingly harmful" until it reaches its terminal phase and death.
In addition, it points to another 96,000 euros in psychophysical damage and moral damage complementary to the lung cancer suffered by Julián. However, the ruling is not credited that the amount of 23,869 euros has to be paid as loss of profits, because it is understood that in this case there is no compensation to be paid in this category.
"For all that is necessary, declare that the compensation for civil liability claimed in the claim resulting from the death of Julián Martín due to the contingency of an occupational disease amounts to 371,733.65 euros," the decision states.
It is proven that the cancer was generated by asbestos
The judge considers that the worker suffered a lung cancer, and that it was different from another larynx suffered in 2010, "by the inhalation of asbestos that is terminal in nature while the larynx did not cause any recurrence."
He also emphasizes that due to this situation he received disability due to the contingency of an occupational disease, as well as his death according to the compensation granted to his widow.
"That asbestos or asbestos is an existing product in the elements used in the machinery and electrical equipment of Metro trains, the worker performing the function of preventive and corrective maintenance of said elements", adds the sentence to remember that he served in the company since 1980 and that the documentation provided by the suburban "nothing detracts or is capable of counteracting the claim."
Finally, it emphasizes that the "allegation that Metro was unaware of the effects of inhaling asbestos, on the one hand, does not exempt corporate responsibility, and on the other hand, that allegation is distorted according to the opinion of the Investigation Committee that has been submitted to the Assembly. from Madrid".
During the oral hearing of the trial that took place on April 1, several of his colleagues claimed that they manipulated pieces with this material every week and even "practically every day" and also said that the company did not inform them that they worked with this element until who knew this case, in September of 2017.
For its part, the lawyer of Metro defended the dismissal of the lawsuit against the company through several arguments. Among them, he mentioned that the death of the worker was due to lung cancer and that this disease may have other origins such as the consumption of tobacco or a liver disease. He also stressed that he had cancer of the larynx previously without any reference to asbestos.
His widow asked for justice
The family of the deceased Metro worker who first obtained the recognition of occupational disease due to exposure to asbestos already indicated that he was awaiting a conviction and his lawyer understood that this case was a "manual negligence" on the part of Metro.
His wife Maria Eugenio Martin said after one of the sessions of the Commission of Investigation on the presence of asbestos in Metro, told the media that her husband had suffered a "hell" for his illness.
She trusted that the courts would do the "justice that Metro has not done" given that there has been no resignation or dismissal in the company after the death of her husband and another colleague.