High Court reporters
A Tipperary Glass worker who was injured when he was knocked to the ground by several sheets of glass which fell from a trolley has been awarded a six-figure sum by the High Court.
The award, which has yet to be finalised by Mr Justice Garrett Simons, was made in favour of 59-year-old James Molloy who sustained compression injuries to his lower limbs and back as well as several lacerations.
Mr Molloy of Knight's Crescent, Nenagh, Co Tipperary had sued his employer Tipperary Glass Limited of Railway Road, Templemore, Co Tipperary, who he alleged had been negligent, for his injuries sustained on March 16th, 2018.
Liability in the case had been admitted and the action was before the court for assessment of damages only.
In his judgement Mr Justice Simons said Mr Molloy is entitled to a sum of €75,000 in general damages, plus a further €38,000 in damages for a loss of earnings to date.
He is also to receive a sum equivalent to four years of earnings in respect of the loss of future earnings. That precise sum is to be finalised at a later date.
The judge said the accident had occurred because another employee had failed to properly secure the sheets of glass which were stacked on a trolley.
The judge said the glass fell from the trolley and impacted on Mr Molloy's limbs. Mr Molloy, the judge said, had estimated that the trolley had been carrying between 10 to 20 sheets of glass at the time, and the aggregate weight of the glass was 100kg.
Following the accident Mr Molloy, the judge said, was confined to bed for four to six weeks. His injuries took some time to heal, and he was left with permanent scarring on his legs because of what had occurred.
The consensus of the medical evidence was that arising out of his injuries, Mr Molloy was medically unfit for the sort of manual labour he had done at the glass factory, the judge said.
The judge added that he was satisfied that the current chronic back pain suffered by Mr Molloy was caused by the accident.
Mr Molloy, the judge said, had suffered injuries that are moderately severe.
The judge made awards totalling €113,000 in favour of Mr Molloy under various headings.
In respect of future loss of earnings, the judge said Mr Molloy was entitled to a capital sum yet to be determined.
The claim will return before the court to deal with outstanding matters later this month.