Thursday 15 November 2018

Student who turned down €30k settlement for work injury awarded €20k by judge

Nicolae (Nico) Fosca, 33yrs, of Lincoln Hall, Riverbank, Swords, Co Dublin pictured leaving the Four Courts after a Circuit Civil Court action.Pic: Collins Courts
Nicolae (Nico) Fosca, 33yrs, of Lincoln Hall, Riverbank, Swords, Co Dublin pictured leaving the Four Courts after a Circuit Civil Court action.Pic: Collins Courts
Nicolae (Nico) Fosca, 33yrs, of Lincoln Hall, Riverbank, Swords, Co Dublin pictured leaving the Four Courts after a Circuit Civil Court action.Pic: Collins Courts

Ray Managh

A business student, who turned down a settlement offer of almost €30,000 for a head injury he suffered while working part time as a security man at Howth Railway Refreshment Rooms, was awarded just over €20,000 damages Tuesday by a judge.

Nicolae (Nico) Fosca, of Lincoln Hall, Riverbank, Swords, Co Dublin, was told by Judge Cormac Quinn in the Circuit Civil Court that he could recover his legal costs only up to 6th June last year, the day the defendant had made a €28,762 offer as adequate to compensate him for pain and loss.

Personal legal costs since that date, including his legal team’s charges for Tuesday’s court assessment, will have to be met by Fosca from Judge Quinn’s award of €20,500, more than €8,000 short of the offer of tender made on June 6 last by Gore and Grimes solicitors for the Howth Railway Refreshment Rooms.

Barrister Raymond Delahunt, counsel for Fosca, told Judge Quinn liability for an accident in which Mr Fosca was injured on 21st March, 2015 at the Refreshment Rooms had been conceded and the court had to assess damages.

Mr Delahunt, who appeared with Synnott Lawline Solicitors, said Mr Fosca had been security guard at the refreshment rooms in the early hours of 21st  March, 2015 and had been struck on the head by an iron bar as he was rolling back a canopy which covered the smoking area .

Mr Fosca, now aged 33, told the court the canopy had been jammed and the iron bar holding it up had become dislodged and struck him, lacerating his forehead.

Nicolae (Nico) Fosca, 33yrs, of Lincoln Hall, Riverbank, Swords, Co Dublin pictured leaving the Four Courts after a Circuit Civil Court action.Pic: Collins Courts
Nicolae (Nico) Fosca, 33yrs, of Lincoln Hall, Riverbank, Swords, Co Dublin pictured leaving the Four Courts after a Circuit Civil Court action.Pic: Collins Courts

He had attended at Beaumont Hospital where his head injury had been assessed and the wound cleaned and closed with adhesive and seri strips.

He said he had suffered dizziness, headaches and an inability to sleep properly following the accident. 

He had been doing a four-year business course at the Institute of Technology, Blanchardstown, at the time and had to defer his final exams for several months due to lack of concentration.

Mr Fosca, a Moldovan who has been in Ireland since 2002, denied in cross-examination by Shane English, who appeared with Gore and Grimes for the refreshment rooms, that he had exaggerated his injuries.

Mr English disputed the length of time Fosca had been out of work, and successfully challenged an €11,400 claim by Mr Fosca for loss of earnings. 

Judge Quinn said he would make no award regarding any loss of earnings but granted Fosca an extra €651 towards special expenses.

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