Sunday 19 November 2017

€750,000 in damages settlement for man who fell from brother's roof

Tim Healy

A MAN who fell three metres while helping to fix tiles on his brother's roof has settled his High Court action for damages for €750,000.

Patrick Rayner, Kiltankin, Kilbehenny, Mitchelstown, Co Cork, suffered serious head injuries when he slipped in stormy weather during the accident in December 2008.







Approving the settlement, Ms Justice Mary Irvine said it was a very tragic case where a Good Samaritan deed had ended up where tragedy ensued. The judge said Mr Rayner was helping out his brother and he suffered catastrophic injuries.







Mr Rayner through his wife Julia, sued his brother John Rayner and sister in law Yvonne Rayner of Glenview, Anglesboro, Kilmallock, Co Limerick, as a result of the accident.







Patrick Rayner claimed he had had gone to his brother's house where slates had been displaced on the roof. He got up a scaffolding tower to the roof and was taking a roof ladder being passed up to him when he claimed he was caused to fall over three metres to the ground.







He claimed he suffered serious injuries due to the alleged negligence of his brother and sister in law for failing to ensure the scaffold was tied to the building or other permanent structure and allegedly failing to ensure the scaffolding was adequately strutted or braced.







He further claimed his brother and sister in law failed to take any adequate precautions for his safety where he assisting in the roof work.







Mr Rayner's Counsel, Dr John O'Mahony said Mr Rayner suffered a fracture to his skull and a severe injury. Counsel said as a result Mr Rayner has a deficit of smell and taste and suffers from amnesia in relation to the accident. Counsel said he also suffers from headaches and has a loss of hearing.







The court heard that Mr Rayner and his wife had returned to live in Cork from the UK a number of years ago and prior to the accident Mr Rayner was self employed repairing and maintaining property.



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