A farm and stud worker who was injured when a tractor door swung against him has been awarded €86,250 by the High Court, after the judge reduced assessed damages by half for contributory negligence.
Mr Justice Sean Ryan found that the hydraulic strut meant to hold the tractor cab door in position was defective when Thomas Fanning fell at Baroda Stud on 4 March 2008. The defendants, Philip and Jane Myerscough, owned and operated the stud at the time.
Mr Fanning said the door swung suddenly as he was getting down from the tractor, causing him to lose his balance and injure his left foot. The defendants disputed that the strut was defective before the accident. The judge accepted Mr Fanning’s account that the strut had been malfunctioning for some time and that he had mentioned it to his superior, Tim Woodlock. The judge said there was no direct evidence that the strut was damaged in a later incident involving the door in 2009.
The court concluded the defendants had breached their statutory duty to provide and maintain safe equipment. It also found Mr Fanning partly responsible because he walked forward out of the tractor cab instead of turning towards it and descending backwards while holding the safety handle. The judge assessed contributory negligence at 50%, noting that Mr Fanning knew about the loose door and the proper way to descend.
Mr Fanning fractured his left heel bone. The fracture healed after about two months, but he continued to report chronic leg pain and received specialist treatment, medication and physiotherapy. He also used orthotics and a walking stick. The judgment records that he had an underlying vascular condition and later required hospital treatment for a thrombosis behind his left knee. The judge accepted specialist evidence that trauma probably contributed to the thrombosis.
The judge assessed damages at €90,000 for past and future earnings, €50,000 for past general damages, €30,000 for future general damages and €2,500 for expenses. The total of €172,500 was reduced by half, resulting in judgment for Mr Fanning in the sum of €86,250.
The judgment said Mr Fanning could not return to his previous work and had limited employment and earning options. It assessed his likely work history as seasonal farm or stud work, rather than continued employment at the defendants’ new stud in County Wicklow.