The High Court awarded Alan Hughes €640,933.89 after he was seriously injured when a cherry picker toppled while he was standing in its basket. The first defendant had conceded liability while preserving the issue of contributory negligence. The court found Hughes was not contributorily negligent and ordered the first defendant to pay his costs.
Hughes told the court that the first defendant had asked him to hold a branch away from an ESB wire while it was being cut. He recalled the first defendant saying the machine was going to go shortly before it toppled. Evidence showed that neither man had training or a safety harness, and that the machine’s stabilisers were raised. The plaintiff’s engineer said the cherry picker could not safely be used with its stabilisers up and described doing so as grossly negligent. The judge found Hughes was not contributorily negligent.
The court heard that Hughes sustained a complex fracture of his upper spine, other fractures and a cerebellar infarct. Medical evidence described ongoing problems with balance, coordination, speech and movement. A consultant neurosurgeon considered it unlikely that Hughes would be able to return to unassisted employment. A vocational assessor for the plaintiff and a defence vocational consultant both considered him unlikely to work in the open market.
The judge found, on the balance of probabilities, that Hughes would have achieved his goal of becoming a science teacher but for the accident. The court assessed that he would probably have obtained at least part-time teaching work, earning €400 to €500 gross a week until retirement. It awarded €228,600 for future loss of earnings after reductions for contingencies and work-related costs.
The award also included €250,000 for pain and suffering to date, €125,000 for future pain and suffering, and €37,333.89 in agreed special damages. The judge rejected the defendants’ argument that €54,838 in illness benefit should be deducted, finding that the relevant Social Welfare Act provision did not apply in the circumstances described.
The total award was €640,933.89. The court ordered the first defendant to pay the plaintiff’s costs, including reserved and discovery costs, to be taxed if not agreed. It also allowed a 21-day stay after perfection of the order in the event of an appeal, subject to payment of €450,000 to Hughes.