The High Court has awarded Padraig Lowry €3,401,500 in damages for injuries suffered in a farm machinery accident in New Zealand in January 2015, when his right lower arm was amputated below the elbow.
The assessment was heard by Ms Justice Reynolds on 14 November 2023. The defendants did not appear. The court had earlier granted judgment in default of appearance in June 2020, after finding that the proceedings had been properly served and no appearance entered. The 2020 order left the amount of damages for a later assessment; the January 2024 judgment assessed those damages and awarded costs.
Mr Lowry, then aged 22, had travelled from Ireland to work for the defendants after agreeing employment terms in County Meath. He told the court that a blockage developed in the combine harvester he was operating. He said he switched the machine off and went to clear the chute, but a safety alarm that should have warned of moving parts had malfunctioned or been deactivated. His arm became caught in the machinery.
The court heard evidence about the lasting effects, including pain, phantom limb symptoms, psychological difficulties and restrictions on daily and farming activities. Mr Lowry has used several prostheses and needs different types for different tasks. The court noted that the Health Service Executive had funded prosthetic needs to date, but said he would have to meet those costs if the judgment were enforced against the defendants.
An agricultural consultant said the family farm remained profitable. The judge found that no actual farm losses had accrued, taking into account the death of Mr Lowry’s father and the farm’s continued performance. She nevertheless awarded €150,000 for machinery costs, to date and into the future, and €3 million for future prosthesis costs. A further €1,500 was awarded for future cognitive behavioural therapy.
The judge assessed general damages at €175,000 for pain and suffering to date and €75,000 for future pain and suffering. The total award was €3,401,500. Mr Lowry was also awarded costs, including any reserve costs, to be adjudicated if the parties could not agree them.