Man who lost sense of taste and smell in farm barn fall settles action for €300,000

© The Irish Independent

A man who suffered a head injury when he fell eight feet while working in a farmyard barn has settled his High Court action for €300,000.

Con Oxley, Old Town, Cullahill, Co Laois has been left with poor vision in his left eye along with a loss of taste and smell as a result of the accident, the court heard.

He sued farmer Mark Quigley of Dairyhill, Ballacolla, Co Laois who denied claims of negligence.

The settlement was without an admission of liability and was based on 50/50 apportioning of liability.

Mr Oxley, who was self-employed, was carrying out work on August 11, 2008, on a stable barn installing light fittings and rolling out electric cable.

He put a plank between the walls of each stable box to create a platform.

The court was told when Mr Oxley walked on the plank, it collapsed.  He fell to the ground and banged his head.

It was claimed the planks provided were not suitable and there was a crack in one of them.

Mr Oxley further claimed there was an alleged failure to provide intermediate support under the planks so as to render them safe to walk on.

Approving the settlement Mr Justice Kevin Cross said if the case had gone ahead  contributory negligence could have been found on Mr Oxley’s part for failing to check the plank himself.

The judge said he had no hesitation in approving the settlement.

 

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