"You had an obligation to keep your eyes open," judge tells plumber as he cuts €13.5k damages in half
A 27-year-old plumber, who fractured his left ankle after he tripped and fell on a wire, saw a €13,500 damages award for personal injury slashed in half by a judge in the Circuit Civil Court.
Circuit Court President Mr Justice Raymond Groarke said that the wire should not have been left in the way but he said that Barry McGrath “had also an obligation to keep his eyes open.”
Judge Groarke, awarding him €13,500 against Cosgraves Developments, of Hogan Place, Dublin, said Mr McGrath was responsible at 50% contributory negligence as to what had happened.
Mr McGrath had told his barrister, Garrett Cooney, that on the 21st May 2010, he had been working at a site at Dun Loaghaire Golf Club, Co Dublin, when the accident happened.
He had tripped on the wire after exiting a building. He was taken to the VHI Swiftcare Clinic, DCU, where X-rays revealed a fracture of the left ankle.
Mr McGrath, of Grovewood, Finglas, Dublin had been unable to work for several weeks and encountered pain while working out in the gym. He sued Cosgraves Developments, which was in control of the site, for damages.
The company had entered a full defence and had denied liability. It said the wire, which was of a blue colour, would have easily been seen.