Thomas Fanning a 62year old stud worker who sustained injuries in an accident at Baroda Stud on the 4th March 2008 when he was caused to fall when alighting from a tractor has been awarded €86,2500.00 damages by the High Court.
Mr Fanning sued his employers Mr Philip and Jane Myerscough and in a judgement delivered by Mr Justice Sean Ryan on the 27th March 2012 he was awarded damages for a fracture to the Calcaneus bone of his left foot. The accident occurred when Mr Fanning was getting down from a tractor and had one foot on the ground and one foot on the last step when, the door swung suddenly against him and caused him to lose his balance and fall to the ground resulting in his injuries.
Mr Fanning was unable to return to his previous work and his employment and earning options were limited. He had hoped to continue working until he was aged 70 years. His case was fully defended. Mr Fanning claimed that the strut was defective and that this caused the door to slam. He claimed that the defective door constituted a breach of statutory duty in the provision by his employers of safe equipment.
Judge Ryan held that the Defendants were in breach of their statutory duty to provide safe equipment and appliances and to ensure that they were maintained in that condition. However, he held that Mr Fanning was guilty of contributory negligence in the case of 50% and reduced his award from €172.500.00 to €86,250.00.
