A firefighter has settled his High Court action over injuries suffered after he fell five metres off a ladder while attempting to tackle a blaze.
Vincent McGuinness (40), Springfield Manor, Red Barns Road, Dundalk, Co Louth had brought his action against his employer, Dundalk Town Council, and Matthew Pepper, Nicholas Street, Dundalk, the owner of the building that caught fire.
He alleged failure to secure the premises adequately and failure to ensure a fire would not occur there.
Jonathan Kilfeather SC, for Mr McGuinness, told Mr Justice Daniel O'Keeffe today the case had been settled and could be struck out. No details of the settlement were disclosed.
In opening the case, Mr Kilfeather said it arose as a result of his client fighting a fire at a derelict house at Culhane Street, Dundalk, on February 28th 2004.
Mr McGuinness was directed by a superior officer to put on breathing apparatus and to remove a section of slates on the roof of the property, counsel said. Mr McGuinness was to use a ceiling hook to vent the building, he added.
It was claimed a ladder was placed by a superior officer against a section of the iron guttering of the property and Mr McGuinness was ordered to use it to gain access to the roof slates. Another firefighter was assigned to hold the ladder.
While Mr McGuinness was removing some roof slates, the gutter collapsed, the ladder moved and he lost his balance falling onto the porch, counsel said. Mr McGuinness landed on his back, while his breathing apparatus canister was still attached, and injured a vertebra as a result.
Counsel said his client spent three days in hospital, had to wear a brace for three months and was out of work for five months. Counsel said a hydraulic ladder should have been used during the incident. Such a ladder was available on the day and was
attached to the fire truck, he said.
In opposing the action, Aongus Ó Brolchain SC, for the council, argued there was no negligence on his client's part and all the appropriate measures had been taken in line with standard practice. The council also argued contributory negligence and
further submitted the fire at the premises was caused by the act of a stranger for which the council had no liability in law.