11.07.2008

€1.2 million penalty for using a forklift as a platform

A building worker has successfully sued his employer and its customer after he fell from a makeshift platform on the forks of a lift truck which he had been provided for working at height.

Peter Lenagh from Benburb, County Tyrone suffered brain damage after he fell six metres from a platform, possibly a pallet, on the raised forks of forklift and has successfully sued his employer, Martin Casey, trading as JMC Engineering of Brantry Road, Dungannon, County Tyrone, and its customer, quarrying company Kilsaran Concrete Ltd, of Piercetown, Dunboyne, County Meath. The two defendants had denied any liability for the injuries.

The accident happened on November 11th, 2002, at Kilsaran’s premises in Duleek, Co Meath. Lenagh alleged that the defendants instructed or allowed him to use a forklift which had not been fitted with any safety rail or cage to lift him in order to gain access to a conveyor belt. His claim was based on the fact that they failed to provide a suitable working platform designed for the job, allowing the work to be carried out safely.

Lenagh was in a coma for almost a month after the accident and suffered a brain injury which has affected his walk, speech and memory, according to his claim. He is unlikely to secure full-time employment again because of poor balance and his impaired short-term memory means he will have difficulties in learning new skills.

Pádraig McCartan SC, representing Lenagh, said he would require constant care and his wife had given up her job to look after him.

Justice John Quirke approved the settlement of €1.2 million and directed that it be paid into court pending an application being made in Northern Ireland for Lenagh to be made a ward of court.