Posted: March 13th, 2018
A driver is seeking van driver accident compensation in the High Court as he claims to have he hurt his back when a mattress he was delivering carried him for 12 feet before throwing him to the ground after it was taken by a gust of wind
The van driver, 54-year-old Mr Declan Homan, stated that was bringing the 4 foot 6 inch mattress to an apartment on his final delivery on December 13 2011 when the accident happened. Three days after the incident he said that he to leave work due to pain and has not been able to work since then. Due to this he has included a claim of €400,000 to compensate for loss of earning since then and in the future.
Mr Homan, Island Lodge, Walsh Island, Co Offaly, has sued Etmar Ltd, with offices at Glen Easton Point, Leixlip, Co Kildare, due to the outcome of the incident that occurred on December 13, 2011. One of Mr Homan’s brothers is a director of Etmar.
Kevin was doing deliveries with another one of his brothers in the Sandyford Industrial Estate in Dublin when he fell from a height of five feet, about twelve feet away from the truck.
Additionally, he has claimed that he was not provided with the required safety equipment such as a safety harness. Due to the injurie Mr Homan alleges that he began to suffer back pain immediately and still he has constant pain that is exacerbated by any degree of activity.
Etmar Ltd are denying these claims.
Mr Homan told Mr Justice Kevin Cross he went to work the next day and attended a doctor three days after the accident occurred.
Legal Representatives for Etmar, while cross examining Mr Homan, put it to him that the extent of his injuries and the consequences were a “gross exaggeration” to which Mr Homan replied: “I disagree with you.”
Counsel suggested to him the mattress incident was not foreseeable by his employer as it was caused by a gust of wind and, additionally, that he (Mr Homan) had not complained it was too windy to do the job. Mr Homan replied there was no point as he would have been told carry on regardless.
The case before Mr Justice Kevin Cross continues.