A High Court judge has awarded almost €300,000 damages to a retired Iarnród Éireann employee whose left leg was amputated below the knee after he was hit by a train.
Nicholas Dillon (67), Monastery Walk, Clondalkin, Dublin, had sued Iarnód Éireann over an incident at Heuston railway station, Dublin, on June 11th, 2001, when he was struck by the last carriage of a train as he crossed the track. His left leg was badly crushed and later had to be amputated from below the knee.
Mr Dillon, who worked in customer service for the company, told the court he was asked to check the last train for a piece of luggage reportedly left behind. He was wearing a high-visibility jacket. As he crossed the line, he was struck by the back of a carriage that was reversing from the yard towards the platform and was knocked to the ground.
In his judgment yesterday awarding damages of €296,532, Mr Justice Vivian Lavan said he accepted Mr Dillon's evidence in full. He was credible witness and a diligent employee.
He found Mr Dillon was directed to carry out a task outside his normal duties, requiring him to cross the track for which he had received no adequate training. Iarnród Éireann, the judge found, had failed to give any credible or satisfactory explanation for the failure of the guard or shunter to be at the front of the carriage on the reversing train, as required by his terms of duty.
A guard or shunter must keep a lookout, observe signals, warn any person who might be on or near the line and hand signal to the driver if necessary, the judge said. He ruled the shunter was in breach of duty as he was not in a proper position to see the plaintiff crossing the track in question.
He was equally satisfied Mr Dillon could not have seen the train and there was no contributory negligence on his part.