High Court dismisses personal injury proceedings where farmer and bovine embryologist engaged by the defendant to carry out pregnancy tests on cattle suffered injuries when a cow fell onto the farmer, on the grounds that the farmer’s failure to use a rear restraint bar exposed him to injury.
Personal injuries - farmer and bovine embryologist engaged by the Defendant (Teagasc) to carry out pregnancy tests on cattle – practice was not to use a restraint bar - decided not to use a safety bar – animal in distress – neck brace released – cow fell onto plaintiff - sudden release of the front gate neck brace – evidence - nature of the crush – expert evidence – failure to use a rear restraint bar exposes someone to injury in the event that the cow becomes distressed, and the gate is therefore loosened - preferred the defendant’s evidence - pleadings – proceedings dismissed.