The High Court awarded David McLaughlin €453,000 after finding that a quarry’s unsafe working practices caused him serious injuries when an excavator ran over his right foot. The court refused the defendants’ application to dismiss the claim under section 26 of the Civil Liability and Courts Act 2004, finding that McLaughlin’s evidence at trial was substantially truthful and that he had been influenced to support an earlier false account.
McLaughlin was 17 when he was injured at a quarry in Crislaghkeel, Burnfoot, Co Donegal, on 26 June 2003. Justice Hanna found that he was employed by the second, third and/or fourth defendants, attended the quarry daily and was paid about €300 a week. His work included cleaning and other menial tasks, and he sometimes operated machinery.
The judge accepted McLaughlin’s account that he approached an excavator operated by another 17-year-old, Declan Doherty, and that it tracked forward over his foot. The quarry’s work practices allowed young workers to operate machinery without adequate supervision, training or communication, the court found. Machinery was inadequately secured, and the quarry was operating on the day of the accident despite the absence of senior staff.
The injury involved multiple fractures and the eventual amputation of the front portion of McLaughlin’s right foot. He underwent several operations and continues to have difficulty walking, balancing and undertaking heavy physical work. He has managed to work in the United States, where he lives.
The claim had initially described a lorry running over McLaughlin’s foot. The judge found that the lorry account was probably created and promoted by the second and/or third defendants to secure insurance cover. The first statement of claim was later amended to identify a digger. The court had previously struck out the claim against the Motor Insurers’ Bureau of Ireland in 2009, finding that the accident had not occurred on a public road and that the vehicle did not attract compulsory insurance.
The defendants argued that McLaughlin was not an employee and had been trespassing, and sought dismissal under section 26 because of the earlier false account and affidavit. The judge rejected the application, finding that McLaughlin had candidly acknowledged the false account and that his trial evidence was truthful. The court held the second, third and fourth defendants liable for negligence, breach of duty and statutory breaches.
The award comprised €100,000 for pain and suffering to date, €150,000 for future pain and suffering, €3,000 in past special damages and €200,000 in future special damages. The judgment did not specify how the defendants’ liability was to be apportioned.