The High Court found Summerhill Construction Company Limited negligent and in breach of statutory duty after painting contractor Neville Curley fell through a covered sink opening while working at a Starbucks fitout in Dungarvan, County Waterford. The court assigned 60% responsibility to the company and 40% contributory negligence to Mr Curley.
Mr Justice Mark Sanfey delivered judgment on 6 March 2023 after a four-day trial in February. The central dispute was whether Mr Curley had permission to stand on the counter to reach the ceiling and who had covered it. The judge accepted that the counter was covered in tightly wrapped black polythene before the painting began, and that neither Mr Curley nor his assistant had put it there. He also found that Mr Curley probably raised the access problem and received casual permission to stand on the counter if he considered it necessary.
The judge found the company’s safety plan and method statement deficient: they did not adequately address the painting work, the early installation of the counter or the resulting access risk. He concluded that the company had not taken all appropriate precautions reasonably practicable to keep the site safe, and had breached statutory duties. The court did not treat those duties as absolute.
The judge also found that Mr Curley contributed significantly to the accident. He had not requested a podium ladder, which could have been used inside the counter area, and stood on a surface without edge protection or a fall arrest system. The judge said he should have checked that the counter was safe or refused to use it and sought another method. The 40% reduction reflects that finding, despite the judge’s conclusion that the company authorised the approach and that Mr Curley had not covered the counter.
Mr Curley suffered a deep shin laceration that ulcerated and took eight to nine months to heal. He later underwent a total knee replacement and revision surgery. The judge found, on the balance of probabilities, that the accident caused his left knee symptoms and that there was no reliable evidence he would otherwise have needed surgery. He assessed general damages at €90,000.
The court allowed €69,530.66 in special damages, including €9,000 of a disputed credit union interest claim, and calculated total damages before the contributory-negligence reduction at €159,530.66. It proposed an award of €95,718.40 after the 40% reduction. The judge invited submissions within 14 days on the order, costs and other matters, and said the figures recorded as agreed should be confirmed. The judgment therefore set out a proposed award; the final order was not yet made.