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High Court, in personal injuries proceedings, awards general damages for pain and suffering to plaintiff employee (warehouse operative) of defendant who injured his foot whilst unloading cages from a trailer during a pressurised busy working period, on the grounds that the employer failed in its common law duty of care to provide a safe system of work (of unloading cages); but the court also finds that the plaintiff is 20% liable by way of contributory negligence for his injuries as he failed to look forward at the time the accident occurred.
Personal injuries - warehouse operative removing cages from trailer during busy working period - admission of responsibility by plaintiff at subsequent company meeting as he feared he would lose his job - expert evidence of engineer for plaintiff - expert evidence of engineer for defendant - plaintiff's foot crushed - weight of machine a factor in causation - plaintiff should have looked forward at time of accident - common law duty on employer to provide a safe system of work - plaintiff's evidence accepted - failure to ensure a safe system of work - plaintiff 20% liable for not looking forward to a greater degree - medical reports agreed - out of work for six months - €58,000 awarded in general damages with €20,000 for future pain and suffering.
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