A PART-TIME firefighter has secured €60,870 damages over an accident in which he was thrown into the air after being hit with a jet of water as a result of a colleague allegedly “messing” with a firehose.
John Doran (48), Fr Cummins Park, Bagenalstown, Carlow, claimed the force from the jet caused him to lose balance and fall on to a pit in a garage used for working underneath cars.
Mr Doran brought the action against Carlow County Council and the Minister for Environment and Local Government arising out of the accident on January 27th, 2001. He claimed, as a result of the fall, he sustained an injury to his thigh which caused great pain and requires ongoing treatment.
The council and the Minister denied he had been hit with water and argued he failed to adhere to training in that he should have done the “fireman’s shuffle” to ensure he was on solid ground.
Mr Justice Peter Charleton found that Mr Doran had been hit with the water and the injury sustained was consistent with his having been thrown into the air by the water, causing him to fall on to the pit.
Mr Doran, whose full-time job is as a Fás community employment supervisor, has 22 years’ service as a part-time fireman. He was in one of two firetenders called to a fire at a garage in Dunleckney, Bagenalstown.
The first tender had put out the fire and Mr Doran said he and sub-officer Michael Salter went in to damp down any embers. He said Mr Salter held the nozzle of the hose while Mr Doran’s job was to pull it behind him. There was poor visibility from smoke and gas in the garage and when they came up to a car sitting partly over a work pit, Mr Doran said he was hit with the water just after he had moved an oil container. He was thrown into the air before landing across the pit. He claimed his complaint about his injury was not taken seriously by a senior officer.
Mr Salter told the court he was surprised Mr Doran dropped the hose and had not continued to do the shuffle as training required. He did not fire water at Mr Doran and Mr Doran’s leg had slipped into the pit before Mr Salter grabbed him and pulled him out.
Making the award, Mr Justice Charleton said Mr Doran did not strike him as the kind of man who wanted to sit around and exploit his injuries because he had gone back to work after four weeks and was still a very fit man.
He awarded €30,000 for damages to date, €25,000 for damages into the future and €5,870 agreed special damages.