Cherry-Picker fall
In the case of Hughes -v- Carter [2014] IEHC 242 (High Court, O’Hanlon J, 9 April 2014) the High Court, in an assessment of damages in personal injury proceedings, awarded damages in the total sum of €640,933.89 to a man who was seriously injured when a cherry picker he was invited to stand on toppled over.
This Personal injuries case was an assessment of damages. liability was clarified at commencement of proceedings. It was conceded by the first named defendant that he was preserving the issue of contributory negligence; namely that the plaintiff was partly to blame.
How the accident occurred.
Cherry-Picker
The plaintiff, a 45 year old man from Co Offaly, was seriously injured when a cherry picker he was invited to stand on toppled over. He was asked by the first named defendant to get into the basket of the cherry picker to hold a branch for him while he was cutting it, to hold it away from the ESB wire. He remembered when he was in the basket, just before it tumbled over; the first named defendant said to him “this thing’s going to go”.
The Plaintiff`s Injuries
Spinal Cord Injury
There was medical evidence of injuries, including complex spinal disorders. The judge stated that, on balance of probability, the plaintiff would have achieved his goal of becoming a science teacher but for the accident. It was clear from medical evidence and plaintiff’s submissions on the severity of his condition that he would never really be able to work again.
compensation awarded
The plaintiff was awarded the sum of €228,600 for future loss of earnings, general damages for pain and suffering to date of €250,000, further damages of €125,000 in respect of future pain and suffering and special damages of €37,333.89, as agreed between the parties.
Loss of Earnings Claim
The plaintiff was studying for Science teaching. While not working as a teacher, the judge found as a fact that it was probable that the plaintiff would have obtained part-¬time teaching hours at least. This is where it is important that the plaintiff`s claim is properly prepared : that appropriate medical evidence of injuries is obtained, that a Vocational Assessor is retained to advise on work suitability into the future and an Actuary is instructed to advise on future loss of earnings.
When should I instruct a solicitor?
Morgan McManus Accident Claims
Whether you live in Counties Monaghan, Cavan, Fermanagh or Tyrone or beyond – anywhere in Ireland or Northern Ireland, Morgan McManus have many years of experience in Personal Injury / Accident Claims. For further information visit the Accident Claims section of the Morgan McManus website.
If you have been in an accident contact Brian Morgan at bmorgan@morganmcmanus.ie or phone him at 00353 47 51011.