Damages claim for injuries from falling pole is settled

A damages claim by a 74-yearold Cork man who lost both legs has been settled in the High Court in Cork

A damages claim by a 74-yearold Cork man who lost both legs has been settled in the High Court in Cork. Both his legs were amputated after a large steel pole fell from the back of a lorry and struck him when he was out walking.

Mr Patrick McSweeney of Lake Lawn, Well Road, Douglas, Cork, sued Mechanical and Steel Engineering Ltd of Kilbarry, Co Cork, and the lorry driver, Mr Noel Hawkins.

The amount of the settlement was not disclosed in court. Liability was not an issue in the case, which was an assessment for damages only before Miss Justice Laffoy.

As the case entered its second day Miss Justice Laffoy was told by Mr Dermot Gleeson SC, for Mr McSweeney, that the parties had reached a settlement. He asked for the case to be struck out.

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Mr McSweeney said that on Sunday, December 22nd, last year he set out for a walk with his dog. They were at the roundabout at Douglas Court Shopping Centre when he was struck from behind. He fell on his face and when he tried to get up he could not.

He later learned that a large steel pole had become dislodged from the back of the lorry and it was this which struck him. He was taken to hospital and did not know his legs were amputated until he was informed by the surgeon.

He spent several months in the Cork Orthopaedic Hospital. He was determined to get better and had made a determined effort to walk with the aid of prostheses.

He was now living with his daughter because her house was accessible for him and he was making a determined effort to walk each day with the help of crutches.

He wanted to be able to return to his own home, Mr McSweeney said. He realised he would need a full-time carer to reside with him as he was afraid to live on his own in case of falling.

He also wanted to get a car so that he would have independence.

An occupational therapist said it would cost over £140,000 to adapt Mr McSweeney's home to enable him to live there.