A BUILDING worker who suffered brain damage when he fell six metres (20ft) from a raised forklift platform has secured €1.2 million in settlement of his High Court action for damages.
Peter Lenagh, Ashveagh, Benburb, Co Tyrone, had sued his employer, Martin Casey, trading as JMC Engineering of Brantry Road, Dungannon, Co Tyrone, and quarrying company Kilsaran Concrete Ltd, Piercetown, Dunboyne, Co Meath. The defendants had denied liability for the injuries.
The accident happened on November 11th, 2002, at a premises in Duleek, Co Meath, owned by Kilsaran.
Mr Lenagh alleged the defendants instructed or allowed him to use a forklift which had not been fitted with any safety rail or cage when it was used to elevate him more than six metres to provide him access to a conveyor belt. He also claimed they failed to provide a suitable working platform such as a cherry picker whereby the work could be done safely.
Mr Lenagh, who was in a coma for almost a month after the accident, suffered a brain injury which has affected his walk, his speech and his memory, according to his statement of claim. He is unlikely to secure full-time employment again because of poor balance and his impaired short-term memory means he will have difficulties in learning new skills.
Pádraig McCartan SC, for Mr Lenagh, said he would require constant care and his wife had given up her job to look after him.
Mr Justice John Quirke approved the settlement of €1.2 million and directed that it be paid into court pending an application being made in Northern Ireland for Mr Lenagh to be made a ward of court.