Friday 18 January 2019

Student who suffered 'grossly disfiguring' scars after sitting on bucket containing hot oil settles action

Umesh Maharjan, of Windmill House, Dock Road, Limerick pictured leaving the Four Courts yesterday(Fri) after he settled his High Court action.Pic: Collins Courts
Umesh Maharjan, of Windmill House, Dock Road, Limerick pictured leaving the Four Courts yesterday(Fri) after he settled his High Court action.Pic: Collins Courts

Tim Healy

A student who sued after he was burned when he sat on a bucket which contained freshly discarded hot oil from the Chinese takeaway he worked in has settled his High Court action.

Fine Arts student Umesh Maharjan suffered devastating injuries when the oil splashed on his back and arm, the court heard.

He was in excruciating unbearable pain and has been left with "grossly disfiguring" scars, the court also heard.

Mr Maharjan, who is originally from Kathmandu in Nepal, was working in the Rathnew Chinese Takeaway in Wicklow to finance his degree.

His counsel Declan Doyle SC said he was taking a break at the back of the premises where plastic buckets were kept and where staff went for their breaks.

Somebody, counsel said, had put hot cooking oil from a deep fat fryer in a bucket and when Mr Maharjan sat on it, the lid gave way and he collapsed backwards.  The oil spilled over his back and left arm.

Umesh Maharjan, of Windmill House, Dock Road, Limerick pictured leaving the Four Courts yesterday(Fri) after he settled his High Court action.Pic: Collins Courts
Umesh Maharjan, of Windmill House, Dock Road, Limerick pictured leaving the Four Courts yesterday(Fri) after he settled his High Court action.Pic: Collins Courts

Counsel said he suffered life changing and devastating injuries and had very extensive burns.

Colleagues, he said helped and put water and some ice on the affected areas and Mr Maharjan was taken to hospital.

Mr Maharjan (29), Windmill House, Dock Road, Limerick, sued Rathnew Restaurant and Takeaway Ltd with offices at Rockville House, Rathnew, Co Wicklow, as a result of the accident on August 21, 2015.

He claimed there was a failure to take any or any adequate precautions so as to provide a safe place and safe system of work. He also claimed hot oil had been stored in a manner and in a container that was unfit for purpose and created an obvious hazard and trap for him.

Mr Justice Michael Hanna was told the issue of liability had been withdrawn in the case and it was before the court for assessment of damages only.

Counsel told the court when Mr Maharjan was brought to hospital he was in excruciating pain and he later had unbearable pain when dressings were changed.

In evidence Mr Maharjan said he was scared and his back was really hot. "The pain was really hard for me. I feel bad I will have this for my entire life." he said.

Following talks on Friday, Mr Doyle said the case had been settled and could be struck out.

Mr Justice Hanna wished Mr Maharjan well in the future and said he was a very impressive gentleman.

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