The family of a father of two who died after a meatpacking machine crushed his head at a processing plant in Kildare has settled for €700,000 at the High Court, in what the judge described as a “tragic case”.
Binak Cokaj (54), an Albanian national, died after a work incident on May 14th, 2020. He had been inspecting a vacuum-packing machine while carrying out his duties as a quality control and general operative in the boning hall of Kildare Chilling Company, Old Dublin Road, Curraghfarm, Co Kildare.
After Mr Cokaj’s death, his wife, Shkurte Cokaj, Julianstown, Co Meath, took a personal injury action against Kildare Chilling Company, Momentum Capital Projects Ltd – an employment agency with an address at Unit 4B, Clane Business Park, College Road, Clane, Co Kildare – and Sealed Air Limited, Cromwell Road, St Neots, Cambridgeshire, UK, who supplied the machine.
Ms Cokaj brought proceedings under the Civil Liability Act on her own behalf and on behalf of other living dependents – her two young children.
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In court papers, it was submitted that Mr Cokaj was inspecting and cleaning the machine on May 14th, 2020, when it “crushed” his head as a result of which he suffered fatal injury.
He suffered “multiple skull fractures and extensive parenchymal brain injuries”, it was submitted.
In Ms Cokaj’s claim, it was alleged that the fatal injuries “were caused and occasioned as a result of negligence, breach of duty, breach of statutory duty and breach of contract on the part of the defendants, their servants or agents, or both”.
At the High Court on Thursday, Kieran Fleck SC told Mr Justice Paul Coffey that a €700,000 settlement had been agreed by all parties after mediation.
Mr Fleck said Mr Cokaj suffered “tragic and catastrophic injuries”, as a result of which he died in “very traumatic and distressing circumstances”.
Mr Fleck said Mr Cokaj had been on minimum wage and was entitled to work and reside in the Republic after the State had approved his refugee status.
Mr Justice Coffey noted the settlement and approved the “fair and reasonable” figure of €700,000, which contained €17,500 to be held for each of the Cokajs’s two 11-year-old twin children.
The judge also approved costs for the plaintiff incurred in taking the proceedings.
Mr Fleck told the judge that the settlement was without admission of liability on the part of any of the defendants.
The judge extended his “deepest sympathies” to Ms Cokaj, who was in the court with the assistance of an interpreter, in what he said was a “very tragic case”.
