Courts

Irish farmer awarded €3.4m over catastrophic injuries on New Zealand farm

Padraig Lowry’s arm was sucked into a combine harvester while working in 2015

Padraig Lowry had been trying to deal with a blockage in the combine harvester chute when his arm was sucked into the moving parts of the machine. Photograph: Ed Ram/Getty Images

Thu Feb 8 2024 - 15:58

A Co Laois man who suffered catastrophic injuries when his arm was sucked into a combine harvester on a New Zealand farm has been awarded €3.4 million by the High Court.

Ms Justice Leonie Reynolds said Padraig Lowry, whose arm was amputated to four inches below his right elbow, had suffered a lifelong, life-altering and disabling injury when he was 22 years of age.

The injuries have had devastating consequences for him, while his ability to run the 251-acre family farm in Co Laois has been significantly impaired, she said.

Mr Lowry, of Cappalinnan, Rathdowney, Co Laois, had sued Daryl Thompson of Invercargill, New Zealand and D.Thompson Contracting Ltd, also of Invercargill, New Zealand, as a result of the accident in January 2015.

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Mr Lowry, who is now 29, had been trying to deal with a blockage in the combine harvester chute when his arm was sucked into the moving parts of the machine.

The High Court in Dublin had been asked to assess damages in the case, where judgment had already been granted in default of appearance by the New Zealand side.

Mr Lowry’s solicitor, Margaret Cordial, of Smithwicks Solicitors, Kilkenny, will now have to seek to have the €3.4 million judgment enforced in New Zealand.

The court previously heard how Mr Lowry had met a representative of the New Zealand company in a Co Meath hotel and was offered a job to start in October 2014. Three months later, the accident occurred on the rural New Zealand farm.

The court heard Mr Lowry’s Irish coworkers used their belts to tourniquet his arm, which was pumping blood.

Mr Lowry was airlifted to hospital. Five hours after the accident, the harvester was released to continue the work on the farm at Dipton, Southland, the court heard.

Ms Justice Reynolds said it was clear from the evidence that the contract of employment was entered between Mr Lowry and the New Zealand company in Co Meath.

“He is now left with a permanent disability and will require ongoing medical care. He has suffered and continues to suffer significant pain and discomfort at the site of the injury. His ability to carry out his farming duties has been curtailed and he requires specialised machinery to carry out heavy-duty activities,” the judge said.

“His quality of life has been significantly impaired and he has been precluded from returning to many of his pre-accident recreational activities.”

In the proceedings, it was claimed it was an express or implied term of the contract that Mr Lowry would be provided with a safe place of work, a safe system of work and safe equipment and machinery.

It was claimed he was required to operate a machine that was dangerous and defective, while the blades were allegedly permitted to be blunt which it is claimed resulted in the crop being cut too long and therefore blocking the chute.

It was also claimed the wind-down alarm on the machine was disconnected or not operating to warn Mr Lowry that the blades were still moving.

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