Family of farmer killed while washing vegetables settles action for €400,000

The family of a farmer who died washing vegetables on his Co Kilkenny farm seven years ago has settled a court action over his death for €400,000.

The High Court heard that Paul Harrison (61) died after a hose carrying high-pressure water whipped around and struck him.

Senior counsel for the Harrison family, Liam Reidy, instructed by solicitor Joseph Fitzpatrick, said the hose hit Mr Harrison on the head causing fatal injuries. Mr Harrison’s son was hit on the left leg by the hose. He said liability was fully at issue in the case.

Mr Reidy said it was the first time the family had grown fodder beet and it had to be washed and cleaned after harvesting.

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A number of other nervous shock actions were settled by Ann Harrison, Mr Harrison’s widow, and her three sons as a result of the incident, the High Court heard.

Mrs Harrison, from Clonard, Ballycallan, Co Kilkenny, sued the agricultural contractor Albert Stanley of Johnstown, Co Kilkenny, as a result of the incident on the Harrison family farm on January 12th, 2016.

It was claimed in the proceedings that Mr Stanley had attended the Harrison’s farm to assist in the beet washing operation. The system to wash the fodder beet included filling a slurry tank with water and then transferring the water from the slurry tank to a steel holding tank via a hose, it was claimed. The hose was secured on top of the holding tank by the bucket of a JCB.

Whipped around

Due to the pressure of the water running through the hose, it dislodged and whipped around, striking Mr Harrison who was standing in the vicinity of the machinery. It was claimed there was a failure to ensure the hose was properly and rigidly secured to the back of the steel-bodied trailer into which the water was being transferred.

Alternatively, it was claimed the tractor should have had a special hydraulic arm to secure the hose and direct the water into the trailer. It was further claimed Mr Harrison was alleged allowed to stand within a danger zone during the pumping operation.

The claims were denied and it was contended by the Stanley side that the incident was in the nature of an unfortunate and tragic farm accident. It was also claimed that Mr Harrison had initiated the work system where the hose was restrained over the side of the trailer as opposed to within the clasp of the washer device itself.

Noting the settlement and the division of the statutory mental distress solatium payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the Harrison family.