A builder who fell through the roof of a farm building and suffered traumatic brain injury has settled a €1million suit in the High Court.
One in four John Cullinane suffered a devastating injury, the court says, but the settlement is based on the basis that he was 8 percent responsible for the accident.
He fell while stepping over the roof of a pig pen on a Waterford farm seven years ago.
His lawyer, Liam Reidy SC, told the court that Mr Cullinane had been asked to replace the Plexiglas sheeting on the shed’s roof.
The solicitor said “the inevitable happened” as Mr Cullinane walked across the roof rather than using a roof ladder.
He fell through a sheet of Plexiglas and suffered serious injuries.
Mr Cullinane (45) of Leperstown, Dunmore East, Co Waterford, through his wife Catherine Cullinane, is suing farmer Patrick Gough of Passage East, Co Waterford as a result of the accident at Mr Gough’s farm on 10 September 2015.
It was alleged that no safe place to work had been provided and that Mr Cullinane had allegedly been asked to work on a roof area that was said to be in an unsafe condition.
There was allegedly a failure to take reasonable steps to distinguish between the skylights and other permanent elements of the roof structure.
The condition of the roof has deteriorated, making it difficult or impossible to distinguish between the different elements of the roof structure, it said.
The claims were dismissed and it was alleged that Mr Cullinane, trading as John Cullinane Plant and Agri Hire, was hired by the farmer as a self-employed independent contractor to carry out roofing work on an agricultural building.
It was alleged that he was employed as a specialist agricultural contractor and was responsible for all aspects of the work to be carried out and the manner in which it was to be carried out, including carrying out the appropriate safety procedures.
The solicitor said the €1million offer was intended to settle the case of Mr Cullinane and his wife, who had sued because of the nervous shock caused by the accident.
Mr Reidy said Mr Cullinane had liability issues in the case and that he had decided to go over the roof and was the experienced person on the ground.
The attorney said his side commended the court to the court with a finding of 85 percent liability against Mr Cullinane.
In approving the settlement, Judge Paul Coffey said Mr Cullinane undoubtedly suffered a devastating injury with far-reaching consequences for him and his family.
He was confident that Mr Cullinane would face overwhelming difficulties in establishing liability in this case.
He wished the family all the best for the future.
