€430k for van driver hurt unloading mattress
A VAN driver, who was blown 12 feet away from the vehicle when a mattress he was unloading was caught by a gust of wind, has won €430,000 in compensation.
Declan Homan, 54, said he has suffered back pain since the accident in December 2011, and that he has not been able to work since.
His employer – Etmar Ltd, of Leixlip, Co. Kildare, a furniture delivery company owned by his brother – had accused him of indulging in ‘gross exaggeration’.
The High Court had heard of holidays Mr Homan was able to take with his wife since his accident, to Florida, Spain, Tenerife and Corfu. The company also sought to blame the incident on an unforeseeable ‘act of God’.
But Judge Kevin Cross said the accident had caused Mr Homan to develop chronic, if not debilitating, back pain. He added: ‘While giving evidence, the plaintiff was clearly in pain, which could be seen from his facial expressions, and would shift to stand from time to time, and then sit down again.’
He said medical experts on both sides had not accepted Mr Homan had exaggerated his injuries.
Mr Homan, of Island Lodge, Walsh Island, Co. Offaly, had told the court he was injured on December 13, 2011, while unloading the 50kg mattress in the Sandyford Industrial Estate in Dublin.
He said: ‘It was a windy day... I was caught by a gust of wind.’ He said he was thrown to the ground, falling five feet (1.5 metres) down from the van’s tailgate, and being blown 12 feet (3.6metres) away from the vehicle.
Judge Cross awarded Mr Homan €80,000 for his pain and suffering to date and into the future, plus €30,000 in expenses, €160,000 for loss of earnings to date, and €160,000 for future loss of earnings. The total award of €430,000 will be reduced by €50,000, to cover the welfare payments he received since the date of the accident, which will now be replaced by his wages.