A man suing for damages for back injuries allegedly sustained in the workplace was shown photographs in court of him subsequently skiing in Norway and riding a motorcycle.
Under cross-examination by Bernard McDonagh SC in the High Court, Adam Herzyk (39) accepted a number of photographs of him engaged in various activities were taken after the alleged injury. These included photographs of him on a skiing trip to Norway, and on a vintage motorcyle he had restored on a trip to Poland.
Mr Justice Michael Hanna said he did not believe one could go skiing with an injury to one’s back. “I have not made up my mind, but people should know the way the wind blows,” he said.
At a later stage in the proceedings Mr Herzyk’s barrister said the case was being withdrawn.
Mr Herzyk (39), a warehouse operative from Mertle Court, The Coast, Baldoyle, Co Dublin, sued food distributor Excellence Ltd, of Baldoyle Industrial Estate, for damages over injuries allegedly sustained when he was required to move boxes of weights from pallets situated at different heights within a warehouse. The company denied his claims.
Earlier evidence
The case was withdrawn following a short adjournment during cross-examination of Mr Herzyk. Earlier Mr Justice Hanna had questioned Mr Herzyk over whether he had lied about earlier evidence he had given. Mr Herzyk said it was not his intention to do so.
Mr Herzyk had claimed he suffered the injuries in the course of his employment. He said he had to undertake heavy box-lifting on different dates, culminating in him having to go out with back pain on September 8th, 2011. He had to take extended leave until the following November 21st, having undergone extensive physiotherapy in his native Poland.
He was diagnosed with chronic back pain and continued to need treatment, he claimed. He now had significant difficulties performing everyday and leisure activities such as household chores, cycling, skiing and long walks.
Mr McDonagh asked Mr Herzyk if he had any issue with his employer apart from this back injury case. Mr Herzyk, who spoke sometimes in English and sometimes in Polish through an interpreter, said he did not.
He agreed with Mr McDonagh he had brought separate claims against Excellence under employment law, including alleged discrimination in relation to remuneration and race.
Mistake
The judge put to him he had “just lied” about not having had any other issue. “Do you therefore ask me to accept you made a mistake when you said you had no other issue?” the judge asked.
Mr Herzyk replied: “If it was a mistake, I know I have committed it”.
Mr Herzyk denied that after being refused a redundancy package, which another work colleague had obtained in 2010, he became “a very disruptive employee”. He accepted he was disciplined for climbing up on a pallet rack in contravention of work instructions, but said this was done regularly by employees, and accepted by management, because of the pressure workers were put under.
Following an adjournment during cross-examination about that incident, Gabriel Gavigan SC, for Mr Herzyk, said the case was being withdrawn.