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Hat-trick of Dunlop hearing loss claims bite the dust

31 July 2014

A third Dunlop noise induced hearing loss claim has bitten the dust this month. The case of SL v Goodyear Dunlop Tyres UK limited was discontinued and follows hot on the heels of discontinuances of MS and DD! All three claimants worked at the Dunlop Washington factory which closed down in 2006. Noise assessments and hearing protection documents covering the duration of employment were disclosed. The defendant obtained favourable medical reports on two claims and although they were denied leave to obtain their own medical report on SL, questions were put to the claimant’s expert. Responses by the claimant’s expert were inconsistent and mostly helpful to the defendant. The defendant made an application for the claimant’s expert to give oral evidence at the trial to enable cross examination by the defendant’s counsel; the claimant vehemently opposed the application but the court ordered the claimant’s expert to attend trial. A joint engineering report was obtained which was more favourable to the defendant. Meticulous research for historic documentation and witnesses plus good choice of experts and a robust approach means these claims can be successfully defended.

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