The husband and son of a Polish woman who died after she was crushed by a mechanical grab at the recycling premises where she worked are to be paid €175,000, to include costs, under a settlement approved by the High Court yesterday.
Mr Jan Kwiatkowski (49), who is awaiting the outcome of an application for refugee status here, worked at the same premises and saw the accident involving his wife, Teresa, Mr Justice Johnson heard. She underwent surgery, but died the same evening. She was 42.
Mr Kwiatkowski, who now lives at Rahlin Glebe, Ballybane, Co Galway, sued N. Murphy Waste Disposal Ltd, with registered offices at Hampton Place, Balbriggan, owners of the recycling premises at St Margaret's, Co Dublin, where the accident occurred on May 9th, 2000.
The defence denied negligence and pleaded Ms Kwiatkowski had failed to take reasonable care for her safety. The company said she failed to obey an instruction not to go near excavators or machinery operating at the site.
Mr Richard McDonnell SC, for Mr Kwiatkowski, described the accident as tragic, and said his client was anxious to bring the proceedings to an end.