Carpenter injured by 1.3 tonne fence awarded €215,000

A carpenter who suffered life threatening injuries when a 1.3 tonne fencing panel fell on him on a building site has been awarded €215,000 damages by the High Court.

Eamonn Callaghan (35), of Bog Road, Oristown, Kells, Co Meath, was putting up a shuttering retaining wall around the site in Grange Castle, Clondalkin, Dublin, on May 15th, 2012 when the panel fell from a JCB teleporter crane.

He sued his employer, Liam Fullerton Construction Ltd, and John Sisk and Son Ltd, operators of the teleporter.

The court was told, as the teleporter was carrying the panel, the panel tipped forward and fell on Mr Callaghan. It pinned him to the ground for some three minutes until his workmates managed to relieve the pressure on him.

Emergency services arrived and got him out from under the panel.

He was taken to Tallaght Hospital with seven broken ribs. His left lung had also collapsed and his right lung was partial collapsed. He also suffered facial swelling and the loss of his wisdom tooth.

Liability was admitted by the defendants and the case was before the court for assessment of damages only.

Relieve pressure

Mr Callaghan, a father of three, said his face and body were covered by the panel and his work colleagues worked to relieve the pressure off him. He said he was trapped for about 20 minutes before the fire brigade got the panel off him.

While he returned to work the following February, it was September before he could fully resume work and that was now more in a supervisory capacity, he said.

Making the award, Mr Justice Michael Hanna said what happened was “frightening and horrific”.

Although the injuries had had some psychological impact on him, he had shown a degree of courage and stoicism not always evident among people who had undergone a life threatening experience.

There was no claim for loss of earnings and Mr Callaghan was clearly a valued worker, the judge said.

Ongoing psychological problems will diminish completely within time although Mr Callaghan continues to suffer chronic pain and headaches, he also said.

In all the circumstances, the judge said he would award €150,000 general damages along with €65,000 agreed special damages.