Friday 18 August 2017

Tesco worker who injured ankle in forklift accident awarded €66k

Jakub Neuzil from Santry, Dublin, suffered a loss of amenities of life and was out of work for six months as a result of the accident. Photo: PA
Jakub Neuzil from Santry, Dublin, suffered a loss of amenities of life and was out of work for six months as a result of the accident. Photo: PA
Independent.ie Newsdesk

Independent.ie Newsdesk

A TESCO warehouse operative who injured his right ankle in an accident at work has been awarded over €66,000 by the High Court.

Jakub Neuzil from Santry, Dublin, was out of work for six months as a result of the accident and suffered a loss in the quality of life, Ms Justice Bronagh O'Hanlon said.

But the judge, who made a total award of €83,606, found Mr Neuzil 20pc responsible for the accident and reduced the award to €66,884.

Mr Neuzil (31) had sued Tesco Ireland Ltd as a result of the accident at its distribution warehouse at Donabate, Dublin on December 22, 2014.

Ms Justice O'Hanlon said she accepted Mr Neuzil's evidence and he did not exaggerate his circumstances at all.

The judge said Mr Neuzil had described how the accident occurred at the busiest time of the year.

He and a colleague were unloading cages containing goods from a trailer.

Mr Neuzil  was driving a forklift-type vehicle and checking the load behind when he hit another machine. His leg was pulled out and he suffered an injury to this right ankle.

Ms Justice O'Hanlon said the other machine was parked right in the  path of Mr Neuzil and as a matter of pure logic it should have been parked safely in a parking space given the speed  at which the exercise was being conducted.

Tesco, she said, was liable for the actions of the driver who left a vehicle stationary in the path of Mr Neuzil.

However, when driving forward, the judge said Mr Neuzil ought to have been looking forward to a greater degree and as a result she found him 20pc responsible.

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