The High Court awarded Martin Ruffley €323,481.50 in damages for injuries and losses after he fell about 14 feet from scaffolding while working at Stacumny House, Celbridge, in June 2012. Liability was not in issue. Mr Justice Barr delivered judgment on 28 January 2016.
Mr Ruffley was employed by Cahill Ryan and Danielle Ryan, trading as Lala Investments, as a general handyman and maintenance worker. He was stepping from a ladder onto scaffolding while cutting ivy when it moved and he fell onto concrete.
The parties disputed the nature and extent of his ongoing symptoms. His medical witnesses described persistent pain affecting his back, hip, leg, shoulder and neck, alongside depression and post-traumatic stress disorder. The defendants’ medical witnesses questioned whether his symptoms had a structural or neurological cause and argued that rehabilitation could improve his condition.
The judge preferred the evidence of consultant pain specialist Dr Valeria Pollard and orthopaedic surgeon Mr Imran Sharif. He found that Mr Ruffley’s pain was genuine, that he had suffered PTSD and depression, and that he had not deliberately exaggerated his symptoms. The court accepted that a multidisciplinary pain-management programme could bring substantial improvement, but found he would not return to heavy work and would in time be fit for light work. The judgment did not find that the programme would cure his pain.
The court assessed general damages at €60,000 for injury to date and €40,000 for future injury. It also awarded past and future loss of earnings, loss of accommodation and utilities, treatment fees, and agreed special damages. For future earnings and accommodation losses, the judge reduced the projected figures by 33% to account for the risk that Mr Ruffley might have lost his job before retirement even if the accident had not occurred.
The award comprised €14,268.50 for past earnings loss to November 2014; €48,278 for earnings loss from November 2014 to November 2016; and €40,057 for earnings loss from November 2016 to age 65. Accommodation and utilities losses were €18,250 for July 2013 to November 2014 and €91,408 from November 2014 to age 65. The court allowed €3,720 in fees paid to Mr Gerard Loftus and €7,500 in agreed special damages, bringing the total to €323,481.50.