A lorry driver whose hand was crushed by a cement chute while delivering concrete has been awarded €575,000 damages.
Mr Justice Vivian Lavan in the High Court yesterday said Thomas Fagan (31) had suffered great pain and his middle and index finger on his right hand were now crossed after the crush injury six years ago. Mr Fagan had also had to have a spinal cord stimulator - which treats chronic back pain - implanted.
Mr Fagan, a farmer and welder from Clonfad, Mullingar, Co Westmeath, had sued DLC Properties Ireland Ltd as a result of an accident on a Ballymun building site on August 2nd, 2001.
Mr Fagan was working for a Co Kildare concrete company which had a contract to supply the site. DLC Properties was a subcontractor there. It was claimed the chute at the back of the cement truck was extended and Mr Fagan's right hand was caught in a scissors-type action, causing a severe crushing injury. He suffered fractures and claimed there was a depletion in the power of his right hand.
As a result of the accident, he claimed he was unable to drive and he had not been able to return to work as a lorry driver.
In his judgment, Mr Justice Lavan said liability was admitted and the issue to be decided was whether there was contributory negligence. He said he accepted Mr Fagan's evidence and found him to be a genuine, honest and hard-working man.
He allowed €235,710 for loss of wages up to now and in the future, €100,000 for pain and suffering to date and a further €150,000 for pain and suffering in the future.