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Mum in €85k payout after son crushed

A legal action over the death of young transport clerk, whose head was crushed while he guided a lorry and trailer into a loading bay, has been settled for €85,000.

The action was brought by Patricia Foley, of Palmer Road, Rush, Dublin, claiming mental distress arising out of the death of her son Justin (21).

He died following an accident that occurred at a factory premises in Ballymun on December 3, 2002.

The settlement was approved in the High Court yesterday by Mr Justice Eamonn de Valera.

The proceedings were against Davis Turner Ltd and Liam Robinson Transport Services Ltd, both of Ballymun Industrial Estate, Dublin, and Donal Bradley Transport Ltd, Burwood, Buncrana, Co Donegal.

It was claimed that the defendants were negligent and in breach of their duty of care by failing to provide appropriate protection for Justin, and for failing to provide him with a safe system of work, and failed to take reasonable care for his health and safety.


It was further claimed that the lorry had reversed in a dangerous and careless manner. The defendants denied the claims.

The court heard that Justin was an employee of Davis Turner, and had been directed to work at the premises of Liam Robinson Transport Services. Part of his job was to guide lorry drivers and their vehicles into loading bays at that premises.

The truck and trailer was owned by Donal Bradley Transport.

The family's counsel said Justin was struck by the reversing trailer, pinned against the wall and received crush injuries to his head resulting in his death.

The judge, who extended his sympathies to the Foley family, said that no amount of compensation could make up for the loss of Justin.