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€3.5m Settlement for Waste Disposal Employee Left Brain Damaged After Fall from Defective Vehicle.


Posted in News on Friday, July 27th, 2018

Amy Connolly and the Litigation Team were instructed to act on behalf of a man who suffered serious and significant injuries, including an acquired brain injury, following a fall through a defective side door of a van during the course of his employment on the 12th January, 2015.

The Plaintiff, Mr. Benny Heffernan from Killarney, Co. Kerry, was employed by Killarney Waste Disposal at the time of the accident and was carrying out his duty which involved delivering compost bins to households in the Durrus area of Bantry Co. Cork when the incident occurred on the morning of the 12th January 2015. The Plaintiff, who was 46 at the time of the accident, was rendered unconscious when he impacted with the road.

 

Emergency services were called to the scene and Mr. Heffernan was airlifted to Cork University Hospital where he underwent an emergency craniotomy. The Plaintiff was subsequently transferred to the National Rehabilitation Hospital, Dublin in May 2015, where he remained before finally being discharged home in August 2015.

 

Mr. Heffernan has been left with a devastating and life changing brain injury which has prevented him from returning to employment and has dramatically altered the course of his life. Mr. Heffernan will require therapeutic intervention into the future.

 

Proceedings were instituted in the High Court by Cantillons Solicitors on behalf of the Plaintiff.  A full Defence was filed on behalf of the Defendants and liability for the accident was fully contested by the Defendants. 

Despite the fact that the Plaintiff had no recollection of the circumstances of the accident, due to the head injury suffered, Cantillons were in a position to trace the series of events with input from various sources and experts such as the Health and Safety Authority, Consulting Engineers and Discovery obtained from the Defendants. This was pivotal in securing a significant award on behalf of the Plaintiff.

During the course of the ruling of the case, the High Court heard how a significant settlement in the sum of €3.5 million was ultimately reached following negotiations. 

Cantillons were delighted to achieve a settlement to the satisfaction of this deserving man and his family shortly before trial thereby, avoiding the need to go to Court.

Contact us at Cantillons Solicitors at +353(0)214275673 or info@cantillons.com if you would like more information.

“In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”

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