Sunday 22 October 2017

Family of construction worker who died after truck overturned settle action for €670k

THE family of a construction worker who died when the dumper truck he was driving overturned have settled their High Court action for €670,000.

Father-of-four Peter McAndrew (44) had returned from the  United States two years before his accident which occurred when he was working on a section of the M3 motorway project in Co Meath in September 22, 2008.  He had planned to return to America to work, the court heard.

During his 20 years in the US, he worked on the Twin Towers in New York and former President Bill Clinton signed his safety helmet, the court also heard.

Mr McAndrew died when the dumper toppled over as he went down a steep incline on the construction site outside of Dunshaughlin.  He was trapped under the machine in a pool of water.

His widow, Doris, of Muckersastass, Coolarty, Co Longford, sued his employer Q&F Roadway Contracting Ltd of  Park, Street, Dundalk and the general motorway  contractors SIAC Cintra Ferrovial M3 Joint Venture, Readsland, Dunshaughlin, Co Meath.

The accident occurred due to negligence and breach of duty of the defendants, it was claimed.

Mr McAndrew was a pipe layer who was required to transport earth from one location to another in the dumper.

Mrs McAndrew and their four daughters, it was claimed,  suffered great mental distress, shock and and anguish as a result of the accident.

It was claimed the defendants failed to take any or any adequate precautions for the safety of the deceased while he was engaged in that work. The claims were denied.

The dad man's brother Vincent McAndrew told the court his brother was worth more to his family than "Wayne Rooney is to Manchester United."

He said the family could not tell his ill elderly mother of her son's death as the family had previously been touched by tragedy when another of his brothers had died.

Last year, the main contractors were acquitted on health and safety charges  in relation to the accident following a 12 day trial when a Circuit Court judge ruled there was insufficient evidence to properly charge the jury.

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