Compensation bid after Lydney man crushed to death

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Wednesday, September 24, 2008
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This is Gloucestershire

THE widow of a paper mill worker, who was crushed to death in a horrific workplace accident in Lydney, is bidding for £500,000 in compensation in court.

London's High Court heard how father- of-two Dean Thomas was crushed by a hydraulic loading device when a workmate "accidentally pressed the wrong button."

However, his widow, Nicola Thomas, now faces claims that he put himself in the way of "obvious danger" and was at least partially responsible for his own tragic death in May 2003.

Mrs Thomas is claiming up to £500,000 damages from his employers at the plant in Lydney – JR Crompton Ltd – which is now in administration and was bought in 2006 by a firm which has no connection to Mr Thomas's death.

Mr Justice Griffith-Williams heard that, although JR Crompton admits "primary liability" for Mr Thomas' death, it insists his widow's payout should be dramatically cut, possibly by more than half, because of his own "contributory negligence."

Mr Thomas was one of the company's most experienced machine operators, but was only 42 when he died while working on a giant machine used for reeling and slitting coils of paper.

Bruce Silvester, for J. R. Crompton Ltd, said he had been working inside the "danger area" close to the machine when an assistant "pressed the wrong button."

Instead of moving away from him, the hydraulic loading device crushed him.

Nicolas Hillier, for Mrs Thomas, said he died of compression injuries and "traumatic asphyxiation."

Although his suffering would have been "mercifully short," he would have felt acute pain as the breath was squeezed out of him, said Mr Hillier.

However, Mr Silvester claimed Mr Thomas had taken a deliberate decision to "put himself in an extremely dangerous position" with the lowering device in the midway position, and the safety gate closed behind him.

"This is not only a dangerous thing to do, but it is forbidden in page after page of the operator's manual,", said the barrister.

He said that had the safety gate been left open, the machine would not have operated and Mr Thomas would not have died.

Mr Hillier described Mr Thomas as an "exemplary employee" and key worker, and denied that he was to blame.

The hearing is expected to finish on Friday.

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