A factory operative who suffered a severe ankle injury when he fell to the ground as he tried to free a trapped bin has been awarded over €220,000 by the High Court.
Tomasz Zdejszy fell from a height of about two metres to the ground landing on his right foot in the accident six years ago.
Mr Justice Michael Hanna assessed there was 20% contributory negligence on the part of Mr Zdejszy as he did not exercise sufficient care for his own safety.
Tomasz Zdejszy, Castlecurragh Heath, Mulhuddart, Dublin had sued his employer Stewart Foil Ltd of Rosemount Business Park, Blanchardstown, Dublin and Panda Waste Services Ltd with offices at Newbridge House, Athlumney, Navan, Co Meath which was responsible for a waste collection at Stewart Foil Ltd.
He claimed on April 13, 2012 he was working in the factory assisting with the waste collection process when the accident occurred. He said he was caused to fall from the waste paper container while attempting to free a trapped bin with a metal bar. He claimed against his employer there was an alleged failure to ensure the safe and proper removal of an obstacle to waste collection without the necessity of Mr Zdejszy working at a height and that he was required to work at a height when it was unsafe to do so.
He claimed against Panda Waste Services he was required to remove or manoeuvre a bin on a waste container while exposed to working at a height and that he was provided with an unsuitable object – a metal bar – for the purposes of removing the bin.
Mr Justice Hanna found Mr Zdejszy’s employer Stewart Foil Ltd to be two thirds responsible and Panda Waste Services to be one third responsible for the accident.
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Source: Breaking News
