Woman motor mechanic awarded damages of £630,000 for loss of leg

A woman motor mechanic who had part of her left leg amputated after her foot was crushed between a forklift truck and a wall was awarded more than £630,000 damages at the High Court yesterday.

Mr Justice Johnson said the case of Ms Lesley Duffy (28) was "extremely sad". She was "a remarkable, cheerful and good-looking girl" who had been through "an appalling time", including 12 operations which culminated in an operation to amputate her left leg below the knee. She had become depressed and had lost her zest for her job as a mechanic.

In his judgment at the conclusion of the four-day hearing, he awarded Ms Duffy, of Homelawn Road, Tallaght, £634,500 damages against her former employer, E.P. Mooney & Son, Longmile Road, Walkinstown.

He found the company was 100 per cent negligent in relation to an accident at its premises on September 30th, 1995, as a result of which Ms Duffy's foot was crushed by a forklift truck.

The figure includes £275,000 damages for operations to fit a special silicon-covered prosthesis, the provision of four additional prostheses and for the cost of renewing and maintaining the prostheses. It also includes an award of £175,000 in general damages made up of £80,000 to date and the balance in the future.

The award also include damages for loss of earnings, house alterations, future child care and special damages.

Ms Duffy had sued the company for negligence and damages over the accident at its Walkinstown premises. She had claimed her enjoyment of life had been gravely disrupted as a result of her injuries and that she is devastated by the appearance of her foot and other injuries, including scarring on her arm and stomach.

During the hearing, the judge was told that Ms Duffy has had some 12 operations on her foot since the accident and is on the waiting list for yet another. Efforts were made to save her foot through taking skin grafts from her arm and thighs, but these proved unsuccessful and she has had to have her left leg amputated below the knee.

The company denied negligence. It claimed that, if Ms Duffy was involved in an accident, which was denied, the accident was caused solely as a result of her own negligence or, alternatively, that she was guilty of contributory negligence.

Mr Justice Johnson said he had heard two versions of how the accident occurred but, whichever of those was correct, negligence lay with the company and there was no question of contributory negligence.