Landmark win for dying man in asbestos case against James Hardie

A man who is dying from issues related to asbestos has won a landmark legal battle against James Hardie in a Queensland court, in a case that could pave the way for other sufferers.

An elderly man who is dying from mesothelioma won a landmark legal battle against James Hardie in a Queensland court, becoming the first to receive compensation for pain and suffering in the state.

Kim Martin, 77, was exposed to asbestos in James Hardie products while working in factories in Western Australia and Queensland in the 1960s and 1970s.

He was diagnosed with asbestos related pleural disease in 2013 and a terminal case of mesothelioma three years ago.

The WA grandfather-of-three travelled to Brisbane last week for a four-day trial where he took on Amaca Pty Ltd - formerly known as James Hardie - and won a $1.21 million payout, including an Australian record $800,000 for pain and suffering.

Mr Martin, represented by Slater and Gordon, filed a personal injury claim in the Brisbane Supreme Court in the hope it would help pave the way for other sufferers.

Grandfather of three Kim Martin was diagnosed with asbestos-related pleural disease in 2013 and with deadly mesothelioma in 2021.

“It’s confronting to recall all the exposure I had to James Hardie asbestos products over the years, knowing what I now know about mesothelioma and there being no safe level of exposure to asbestos,” he said following the win.

“There were no warning labels about asbestos or the dangers of dust on any of the products and no signs at the James Hardie factories about the dangers of the asbestos products that we were handling.”

He said he was hugely relieved by the win, which he hoped would help hold the company accountable.

“This result is honestly a huge relief for me and my family,” he said.

“All we have been looking for is accountability for their actions and recognition as to how James Hardie …failed me and so many other people that worked with their asbestos products.

“Now all I want is to be able to spend as much time as I can with my family. I’ll never get my health back, but I can cherish what time I have left.”

Slater and Gordon legal counsel in dust diseases, Sean Sweeney, said it was a huge win for all workers who continued to suffer the effects of asbestos exposure.

“This is a watershed moment for victims of mesothelioma, marking the first occasion that a Queensland Court has assessed damages for a plaintiff suffering from asbestos related disease,” he said.

“We commend the members of the jury for providing justice for Mr Martin and his family. However, there are no winners in a case like this when a wonderful life has been cruelly cut short by an entirely avoidable disease.”