The High Court has awarded Liam Murray, a 55 year old Dublin City Council Employee, who was injured when he tripped over a spool of electric cable on the public footpath at Sandymount on the 17th August 2009 €257,000 in damages.
Mr Murray was employed by the Lighting Department of the Council and on the day of his accident it had been his intention to cross over Beech Road, Sandymount to re-number a lamp standard on the Coastal side of the roadway. He did not see a large spool of electric cable which was on the ground at the foot of the ESB pole and he tripped over it. He fell heavily onto his right shoulder and his knee was badly cut as a result of the impact with the ladder.
Later that evening his right arm became sore and he developed pins and needles. He attended his GP the following day who prescribed pain killing medication and sent him to St James Hospital for x-rays which showed no bony injury.
Mr. Murray had on-going discomfort in his arm and neck and he was subsequently referred to an Orthopaedic Surgeon who saw him in October 2010. He was then referred to a Consultant Neurosurgeon because he had classic signs of nerve root irritation of his cervical spine. Treatment with physiotherapy did not help his on-going pain. In April 2010 he underwent a cervical discectomy and fusion at the C6/7 level.
Following that surgery he obtained significant relief in respect of pain but he continued to have problems with neck pain. His injuries resulted in him not being able to return to work and he suffered a significant loss of earnings.
The Judge held that Mr. Murray was 25% responsible for his fall. She subsequently awarded him the following sums-
Loss of earnings to date- €67,000
Loss of earnings into the future -€184,629.00.
Pain and suffering to date- €50,000
Pain and suffering into the future -€30,000
Agreed special damages -€11,170.84.
Subtotal: €342,799.84
Less 25%: €85,699.96
Total: €257,099.88.
