Farm Ireland

Sunday 16 December 2018

Farmer injured by bullock in mart is awarded €21,000

New Ross Mart. Photo: Patrick Browne
New Ross Mart. Photo: Patrick Browne

Court Reporter

A farmer who suffered facial injuries when a bullock kicked a gate in a mart has been awarded €21,000 in damages.

The New Ross Standard reports that David Connolly, of Knockeen, Graignamanagh, Co Kilkenny, brought a civil action against Waterford Ross Co-Op Marts Ltd, Rosbercon, New Ross, arising out of an incident on May 3, 2014.

Counsel for the plaintiff, Olive Cleary, told Wexford Circuit Civil Court that Mr Connolly went to collect two bullocks which he had purchased on the day.

She said there are two ramps at the mart for loading animals, the sheep ramp and cattle ramp. Mr Connolly was directed to the sheep ramp to collect his bullocks.

In evidence, Mr Connolly said he attached his trailer to the gate at the ramp and proceeded to load the two bullocks. When he stooped down to unclamp the chain at the gate, a bullock kicked him in the face, knocking him to the ground.

Mr Connolly suffered bleeding to the nose and was brought to Caredoc. He was subsequently brought to Waterford Regional Hospital.

Mr Connolly disagreed with defence counsel John Walsh in cross examination that he had help loading the bullocks from mart employee James Doyle. ‘I loaded them myself,’ said Mr Connolly, adding that the animal kicked the mart gate and not the gate attached to his trailer.

James Doyle told the court he helped Mr Connolly load the cattle and that the bullock kicked the left gate of the trailer. Another mart employee, Tom Walsh, testified to seeing David Connolly and James Doyle loading the bullocks.

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Engineer Jack O’Reilly gave evidence of carrying out an investigation of the ramp and area, but the significance of the sheep ramp or cattle ramp was never mentioned.

He said the suitability of the loading bay used by the plaintiff for the loading of the two bullocks was suitable for all types of vehicles.

He agreed with Defence Counsel, Ms Cleary, that the loading bay surface was in bad repair. Judge Patrick Meghan said it was evident from pictures that the loading bay surface is in need of repair and should be repaired.

He recommended that they carry out remedial works on the surface. He said the injury to the plaintiff was on the low scale and he awarded €21,000 plus €200 special damages.

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