A glass factory worker who sustained injuries to his lower limbs after being struck and knocked to the ground by several sheets of glass that fell from a trolley has been awarded a six-figure sum in damages by the High Court.
The award, which has yet to be finalised by Mr Justice Garrett Simons, was made in favour of 59-year-old James Molloy who sustained compression injuries to his lower limbs, back as well as several lacerations.
Mr Molloy of Knight's Crescent, Nenagh, Co Tipperary had sued his employer Tipperary Glass Limited of Railway Road, Templemore Co Tipperary, who he alleged had been negligent, for injuries sustained on March 16th, 2018.
Liability in the case had been admitted and the action was before the court for assessment of damages only.
In his judgement Mr Justice Simons said that Mr Molloy is entitled to a sum of €75,000 in general damages plus a further €38,000 in damages for a loss of earnings to date.
He is also to receive a sum equivalent to four years of earnings in respect of loss of future earnings.
That precise sum, the court noted, is to be finalised at a later date.
The judge the accident had occurred because another employee had failed to properly secure the sheets of glass which were stacked on a trolley.
The judge said that the glass that fell from the trolley impacted on Mr Molloy’s limbs. Mr Molloy the judge said had estimated that the trolley had been carrying between 10 to 20 sheets of glass at the time, and the aggregate weight of the glass was 100kg.
Following the accident Mr Molloy, the judge said, was confined to bed for four to six weeks.
His injuries took some time to heal, and he was left with permanent scarring on his legs.
The consensus of the medical evidence was that arising out of his injuries Mr Molloy was medically unfit for the sort of manual labour he had done at the glass factory, the judge said.
The judge added that he was satisfied from that the current chronic back pain suffered by Mr Molloy was caused by the accident.
Mr Molloy, the judge said, had suffered injuries that are moderately severe. The judge made awards totalling €113,000 in favour of Mr Molloy under various headings.
In respect of loss of earnings that he would have earned had it not been for the accident the judge said Mr Molloy was entitled to a capital sum yet to be determined.
Mr Molloy, the judge added, was also entitled to an additional €7,000 for special damages. The claim will return before the court to deal with outstanding matters later this month.