Personal injuries to minor working in quarry €453,000 damages for partial loss of foot
Personal injuries to minor working in quarry - €453,000 damages for partial loss of foot
Plaintiff, aged 17 years at date of accident, suffered serious foot injury which resulted in loss of part of his right foot which plaintiff alleges occurred during course of his employment at defendants’ quarry where first named defendant allegedly drove a lorry over the plaintiff’s right foot. Defendants refute claim that plaintiff was employed by them but claim that the plaintiff had occasionally visited the quarry and had been permitted to clean and tidy the office in return for small amounts of cash/pocket money. Plaintiff claims that he was paid €300 every week into his hand and that he clocked in and out every morning and evening like other employees. Plaintiff received occupational injury benefit following the accident. Whether plaintiff was driving machine at time of accident.
Held, plaintiff’s evidence as to his employment by defendants accepted, system of work or culture which caused or permitted the plaintiff to operate machinery in an unsupervised way from time to time proved. Defendants in breach of statutory obligations under Mines and Quarries Act 1965 and Safety, Health and Welfare at Work legislation. Damages awarded in total €453,000.
McLaughlin, David v Damien McDaid, Michael McDaid, Charles McDaid, McDaid and McDaid Quarry Ltd
High Court, Hanna J, 10/12/2015,  IEHC 810, 2004 5848P