THE FAMILY of a young Polish man who died after steel rods protruding from the back of an articulated lorry pierced into his van, impaling him in the upper body, have secured €500,000 damages in settlement of their High Court action.
Mr Justice John Quirke yesterday approved the €500,000 settlement arising from the death of Damian Zimowski (27), an alarm technician, as a result of the incident in Co Limerick on September 10th, 2005. The judge also expressed his deep sympathy to the deceased's wife, 29-year-old Agnieszka Zimowski.
Ms Zimowski had brought the action against Foley Contracting, of Milltown, Askeaton, Co Limerick, owners of the lorry, and its employee, lorry driver Brian McMahon, of Ballynoe, Castlemahon, Co Limerick.
The bulk of the €500,000 settlement will be paid to Ms Zimowski with another payment of €46,500 into court for the couple's nine-year-old daughter, Natalia. A total payment of €12,000 will be divided between Mr Zimowski's parents and two brothers.
Michael Howard SC, with Michael McMahon SC, for Ms Zimowski, had told the judge they were recommending approval of the settlement. "Liability has been contested up to now," he added.
Outlining the case, Mr Howard said the incident happened on the Newcastle West to Limerick road on September 15th, 2005. Mr Zimowski was driving his van on the road to Limerick when an articulated lorry carrying an overhanging load of long steel rods started to turn right from a special traffic box for the village of Knockaderry.
Counsel said the load of rods was encroaching on to the main road on which Mr Zimowski was driving straight on as the lorry was turning and he was effectively "skewered" by the rods.
The lorry driver had tried to assist Mr Zimowski as he was dying and the driver would probably never get over what had happened, counsel added.
Mr Zimowski had come to Ireland just three months before the fatal incident and was living in Raheen, Limerick. He had planned to make a life here with his wife and daughter, the court heard. He had his own alarm company in Poland prior to coming here and had taken up work here with Active Technology.
In the action, it was claimed the incident was caused or contributed to by the negligence of the defendants in relation to having an open truck on the road with protruding and thereby dangerous steel bars at its rear. It was claimed there was a failure to highlight adequately or at all the nature of the load or to properly secure it.