On the 7th April 2017, Mr. Justice Barr in the High Court awarded Sellors’ client Mr. John Gardiner, a steelworker from Limerick, €675,116 for serious multiple injuries sustained in a near fatal workplace accident.
On the 9th August 2012, John Gardiner was working as a galvanising steel operator by Zinc Processors Ltd trading as Shannonside Galvanising at its factory premises at Drombanna, Co. Limerick. Unfortunately, whilst carrying out his duties, he was suddenly and without warning hit by a metal jig which fell from a height and pinned him up against a barrier causing him to suffer near fatal and severe personal injuries. The employer accepted responsibility for the accident and the case proceeded as an assessment of damages in the High Court.
Following the accident, John Gardiner was shocked, distressed, in severe pain and he could not breathe. He thought that he would die. He was rushed by emergency ambulance to the Accident & Emergency Department of the Mid-Western Regional Hospital, Limerick where he was admitted to the High Dependency Unit. He remained in hospital for 10 days. As a result of the accident, he sustained a total of 13 rib fractures both right and left, fractures of the T2, T3 & T4 vertebrae, two punctured lungs, left haemothorax, a fracture of his left scapula, disruption of his right acromioclavicular joint, a significant tear of the supraspinatus tendon, reduced vision, reduced senses of taste and smell, significant respiratory difficulties and post-traumatic stress syndrome. Mr Gardiner also suffered a claim for loss of consortium. Mr. Gardiner was out of work for one year post-accident and bravely returned to the workplace in August 2013. Mr. Gardiner suffered a relapse and was out of work intermittently due to his ongoing physical and psychological difficulties. Despite undergoing an intensive rehabilitation programme, Mr. Gardiner was unable to continue working and ceased employment with his employer in February 2015.
Speaking outside the High Court, Ronan Hynes, solicitor for John Gardiner and Partner at Keating Connolly Sellors in Limerick, said; “John is both relieved and pleased with today’s outcome. This was a very serious workplace accident which resulted in devastating and life-changing consequences for John and his family. He is determined to now move on with his life as best he can. Today’s award will assist with his future medical treatment and provide financial security and peace of mind into the future.”
Following the judgment, Mr Gardiner said; “I am relieved that this is all over and wish to thank Mr. Justice Barr for his considered judgment. I appreciate that the Defendant admitted liability at an early stage. However, no amount of damages can accurately reflect the devastating impact this has had on me and my family.”
“I want to express my gratitude to those who helped save my life at University Hospital Limerick. I am forever grateful to my wife Geraldine and my family for their care, love and support to me during this very difficult time. Finally, I want to thank my legal team at Keating Connolly Sellors, for their expertise and support over the past five years.” concluded Mr Gardiner.
Ronan Hynes is a Personal Injury Expert and Partner at Keating Connolly Sellors. He deals with personal injury cases with sensitivity and unwavering determination to get the best outcome for his clients. He is renowned for a down-to-earth, results-driven approach. If you or a loved one have suffered from a personal injury and wish to discuss your case, contact Ronan Hynes at [email protected] or call +353 (0)61 414 355 or +353 (0)61 432 348.
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