Posted: November 1st, 2020
Ms Twomey (52) from Patrick’s Hill, Cork, took the legal action against Jeral Ltd trading as Daybreak, Thomas Davis Street, Blackpool, Cork, and her employers Jeremy and Alice Buckley due to the injuries she sustained in the accident that took place on April 27, 2015.
The accident occured when a steel girder dropped onto the rear of her leg, inflicting her with a 25cm-long laceration to her right calf. M,s Twomey informed the court that she believed there to be a failure to secure the iron bar properly and also that it was not being stored in an adequately safe fashion. She also alleged there the owners of the business had not provided her with a safe place of work.
Judge Justice Charles Meenan was advised that Ms Twomey was taken to Cork University Hospital for medical treatment following the accident. She underwent an operation to suture her leg a few days after the incident. However, following her discharge from hospital she suffered an infection to the wound and was readmitted. Some time later she also underwent a skin graft procedure to clean the scarring the remained.
As liability was admitted in the legal action it was only before court for a final assessment of damages.
Mr Justice Charles Meenan informed the court that he believed Ms Twomey to be an honest and truthful witness and saw no indication that she was attempting to exaggerate her injuries and suffering in any way. Of Ms Twomey’s injuries he said that the scar on the woman’s right calf said it was clearly visible from a distance. However he added that: “On viewing at an angle, there is a clear indent though I do not think it is of the order of a shark bite”.
He added that the woman no longer wears skirts and as a result of the pain does not wear high heels while that the calf scar causes her particular upset and embarrassment when she goes swimming. Justice Meenan said that does not believe that the pain is an invention by Ms Twomey.
he went on to say that she (Ms Twomey) suffers with ongoing sharp pain around the scar tissue shooting or radiating down to her ankle. This has affected her working life and she now has to work reduced hours . He was satisfied that she had established a basis for the court to award compensation for future loss of earnings. It was also taken into account that she has enrolled in a number of post-school that indicate her willingness to ‘remain in employment and acquire new skills’.
In taking all of these factors into account, along with the ongoing consequences of the measures taken to halt the spread of Covid-19 as regards the retail sector, a 40% reduction on the future-loss-of-earnings claim was deemed appropriate, equating to €69,000. In addition to this there was an award of €80,000 damages and special damages, bringing the total to €189,409.