Family of farmer who died during a fodder beet washing session awarded €400,000

High Court Reporters

The family of a farmer who died during a fodder beet washing session on his Kilkenny farm seven years ago has settled for €400,000 a High Court action over his death.

Paul Harrison (61) the High Court heard died after a hose carrying high pressure water whipped around and struck him on the head.

Counsel for the Harrison family Liam Reidy SC instructed by Joseph Fitzpatrick solicitor told the court the hose hit Mr Harrison on the head causing fatal injuries and his son was hit on the left leg by the hose.

He said that liability was fully at issue in the case.

Counsel said it was the first time the family had grown fodder beet, and it had to be washed and cleaned after harvesting.

A number of other nervous shock actions by Mrs Harrison and her three sons as a result of the accident the High Court heard were also settled.

Mr Harrison’s widow, Ann from Clonard, Ballycallan, Co Kilkenny had sued the agricultural contractor Albert Stanley of Johnstown, Co Kilkenny as a result of the accident on the Harrison family farm on January 12th 2016.

In the proceedings it was claimed that Mr Stanley had attended at the Harrison’s farm to assist in the beet washing operation.

It was claimed that the system to wash the fodder beet included filling a slurry tank with water and then transferring the water from the slurry tank to a steel holding tank via a hose. The hose was secured on top of the holding tank by the bucket of a JCB.

The hose, it was claimed became free and because of the pressure of the water running through the hose, once it dislodged it whipped around striking Mr Harrison who was standing in the vicinity of the machinery.

It was claimed there was an alleged failure to ensure the hose was properly and rigidly secured to the back of the steel bodied trailer into which the water was being transferred.

Alternatively, it was claimed the tractor should have had a special hydraulic arm on it to secure the hose and direct the water into the trailer.

It was further claimed Mr Harrison was alleged allowed to stand within the danger zone during the pumping operation.

The claims were denied, and it was contended by the Stanley side that the incident that occurred was in the nature of an unfortunate and tragic farm accident.

It was also claimed that Mr Harrison had allegedly initiated the work system where the hose was restrained over the side of the trailer as opposed to within the clasp of the washer device itself.

Noting the settlement and the division of the statutory mental distress solatium payment, Mr Justice Paul Coffey conveyed his deepest sympathy to the Harrison family.