A man who lost his senses of taste and smell in a farmyard accident has settled his farmyard fall injury compensation claim at a hearing of the High Court.
Con Oxley from Cullahill in County Laois was preparing to install light fittings at a barn on a farm in nearby Ballacolla when, on 11 August 2008, a plank suspended between two boxes cracked as he stepped onto it.
Con fell 2.5 metres (eight feet) onto the floor of the barn owned by farmer Mark Quigley, hitting his head on the floor of the barn and suffering brain damage. In addition to losing his senses of taste and smell in the accident, Con lost partial sight in his left eye.
After seeking legal advice, Con made a farmyard fall injury compensation claim against Quigley – alleging that the planks he had been provided with to navigate the barn had been unsuitable for the job and that Quigley had failed to provide any form of intermediate support beneath the planks to ensure his safety.
Quigley denied that he was responsible for Con´s injuries and the Injuries Board issued an authorisation so that Con could pursue his farmyard fall injury compensation claim through the courts. However, before a date for a hearing could be set, liability was agreed on a 50/50 basis – with Con agreeing to a €300,000 compensation settlement without an admission of liability from Quigley.
At the High Court, Mr Justice Kevin Cross said the agreement was a good one in the circumstances. Had Con´s farmyard fall injury compensation claim gone to a full hearing, the judge said, Con´s contributory negligence for failing to inspect the planks would have been called into question. Judge Cross approved the settlement and closed the case.