THE WIDOW and family of a man who died after he was crushed by an excavator have secured €200,000 in settlement of their High Court action over his death.
A child of the deceased man from another relationship is to receive €35,000 out of the award.
Monika Kaminski, a mother of two and native of Warsaw, Poland, brought the action on her own behalf and that of her two children arising from the death of her husband, Tomasz (29), against M and Kevin O’Neill Ltd, with registered offices at Browneshill Road, Glenview, Co Carlow. Liability was conceded.
It was claimed Tomasz Kaminski was working on January 11th, 2005, as a construction worker on a building site at Rathstewart, Athy, Co Kildare, when a tracked excavator owned by the defendants and driven by an employee had driven over the deceased, resulting in his death.
It was claimed the defendant had failed to fit a mirror or camera within the track machine to ensure the driver had visibility on both sides.
It was also alleged the machine was not fitted with a movement alarm and flashing beacon, and the company had failed to provide protective and reflective clothing.
Yesterday, Patricia Dillon, for Monika Kaminski, told Mr Justice John Quirke an offer of €200,000 had been accepted by her client.
The judge approved the offer.