THE TRIESTE COURT OF APPEAL HAS RECOGNIZED THE STATUS OF A FORMER NAVY SERGEANT AS A VICTIM OF DUTY. THE MAN DIED DUE TO PERITONEAL MESOTHELIOMA, CAUSED BY EXPOSURE TO ASBESTOS WHILE SERVING AS A NAVAL ENGINE ENGINEER. THE SPECIAL GRANT TO THE WIDOW, IN ADDITION TO THE MONTHLY LIFETIME ALLOWANCES
The Court of Appeal of Trieste confirmed the decision of the Court of the Friulian capital, Labor Section, which recognized the status of equivalent to Victim of Duty at Zuban Dario.
The former sergeant of the Navy died of peritoneal mesothelioma, caused by exposure to asbestos while serving as a ship engineer. Thanks to the legal support of the lawyer. Ezio Bonanniassisted by the lawyer. Corrado Calacionethe courtroom condemned the Ministry of Defense to guarantee social security benefits for the widow.
Ta these, one special donationand lifetime allowance and a special lifetime allowance. Furthermore, the court condemned the Ministry of the Interior to include the name of Sergeant Dario Zuban in the single ranking of Victims of Duty.
«This is a significant sentence – declares the lawyer. Ezio Bonannipresident ofNational Asbestos Observatory and lawyer for Sergeant Zuban’s family -, since the Court of Appeal confirmed the first degree investigation and the recognition of the victim’s right with the establishment of social security benefits in favor of the widow. The Court’s ruling, confirmed by the Territorial Court, underlines the indiscriminate and unrestricted use of our military. Particularly for naval engineers of the Navy, such as Sergeant Dario Zuban, since the killer fiber was used without restrictions and in high concentrations in arsenal bases and naval units. Unfortunately, there are hundreds of cases of death of soldiers from our Armed Forces due to mesothelioma and other asbestos-related pathologies.”
When her husband passed away in February 2023, the following month his widow, Mrs. Gina Natalina Risi, appeared in court, taking over from her husband in the position of appellant.
The investigation before the Court of Trieste
The judge of the Court of Trieste, Civil Section – Labor Disputes, Dr. Paolo Ancorarecognized the dependence on the cause of service of the asbestos-related pathology which led to the subject’s death, condemning the Ministry of Defense.
The appellant’s lawyers contested the illegitimacy of the ministerial conduct – it is underlined in the sentence -, highlighting the widespread and massive use of asbestos.
Material, in fact, present both in the arsenal and in the insulation and systems on board the Centauro ship, on which the former sergeant served from 3 November 1976 to 30 April 1978, as indicated in the documentation attached to the appeal.
The soldiers were never provided with masks or other protection, it was established.
Closed environments without adequate extraction systems
Il conscript soldier he served on board the Navy ship in closed environments, without adequate extraction systems for asbestos dust. He was also exposed to the killer fiber during specific activities such as corvée and armed guards, for having used the individual weapon, an MG 42-59, equipped with asbestos accessories, such as gloves and patches.
What the sentence says
The ministry – specifies the sentence – authorized the use of asbestos without a risk assessment, violating the art. 4 of Presidential Decree 303/56, which requires minimizing the dispersion of asbestos dust. It has not even adopted the measures provided for by the art. 4 of Presidential Decree 547/55 and did not provide staff with mandatory protective masks, as established by articles. 377 and 387 of Presidential Decree 547/55, thus violating the obligation to protect health pursuant to art. 2087 cc
The court’s ruling underlines that the reference legislation is contained in paragraphs 562-565 of the art. 1 of law 23 December 2005, n. 266, which extends the benefits for victims of crime and terrorism also to the so-called Victims of Duty. Paragraph 564 further expands this category, including those who have contracted permanent disabling illnesses or who have died following missions, recognized as being due to service due to particular environmental or operational conditions.
The evidence collected during the trial disproves the thesis of the resistant ministries. Risky conditions within the Taranto arsenal were still present in the 1990s, despite the entry into force of Law 257/92, as materials containing asbestos were stored in warehouses and other rooms, putting health at risk. of all civilian and military personnel employed.
The testimonies
Of particular relevance is the testimony of Dr. Antonio BattaglioNavy chemist at the La Spezia Arsenal, who confirmed the presence of significant quantities of asbestos on board the Centauro.
The diesel and oil pipes were externally insulated with asbestos, and the ship’s hull was protected by asbestos panels applied to the bulkheads. Other witnesses stated that, during the daily maintenance of the generators, the insulation of the pipes often came off, further exposing personnel to the carcinogenic fibres.
The bunks were positioned against the bulkheads, where asbestos-containing panels were mounted, as reported by an officer after complaints about their continued detachment. However, the danger of airborne asbestos dust was never communicated to the crew.
The Court recognizes the special donation to the widow
The court, therefore, recognized the equivalent of the deceased to a Victim of Duty, applying the art. 1 of Presidential Decree 243/2006 and provided for the establishment of all the benefits due by law in favor of the widow. That is, the special donation of 285 thousand eurosin addition to monthly lifetime allowances of approximately 2,100.