60-year-old man suffered brain injury after fall

A painter who fell sixteen feet to the ground from a ladder and suffered a traumatic brain injury has settled his High Court action for €3million.

But 60-year old Vincent Barry will only see €825,000 of that award after the High Court was told on Thursday the insurance company involved which is based on mainland Europe has gone into liquidation.

Vincent Barry had claimed he was painting a Velux window on a property in Newcastle, Co Wicklow four years ago when it is alleged the A frame ladder snapped in two and he fell on to the concrete below, fracturing his skull. He spent fourteen weeks in hospital and was four months in the National Rehabilitation Hospital after the accident.

Susan Jones BL instructed by Patrick Jones solicitor for Mr Barry told the court it was an unfortunate matter. The insurance company involved she said was based outside this country and had gone into liquidation. As a result, she said Mr Barry will only have access to a maximum of €825,000 under the Insurance Compensation Fund, which is designed to facilitate payments to policyholders when an insurance company goes into liquidation.

Approving the settlement, Mr Justice Cross said it was a serious and dreadful accident that befell Mr Barry which had serious consequences for him, and he noted that the maximum payout from the Insurance Compensation Fund is €825,000.

Vincent Barry (60), Silvermines, Bray, Co Wicklow had sued Ian Longmore trading as Ian Longmore Building Services, Co Wicklow as a result of the accident while painting a house in Newcastle on September 12, 2016. Mr Barry was working under the instruction of Mr Longmore at the time of the accident it was claimed.

Mr Barry claimed he had been provided with a ladder which was allegedly dangerously defective and unsafe to use. He further claimed the ladder had snapped in two.

There was he has further claimed an alleged failure to take any or any reasonable care to ensure he would be reasonably safe in carrying out his work.

The claims were denied, and it was contended by the other side that the ladder did not appear to have any obvious or inherent defects. It was further claimed Mr Barry had allegedly failed to wear a hard hat when working at a height.

Ms Jones told the court while the settlement was €3million, there are very little prospect of recovering any more of the compensation other than the amount allowed under the Insurance Compensation Fund.

Approving the €3million settlement plus costs Mr Justice Kevin Cross noted that the indemnifying insurance company had gone in to liquidation and Mr Barry will have to be paid from the Insurance Compensation Fund which will give a maximum pay out of €825,000. The money the judge said will be paid in to court.

Mr Justice Cross wished Mr Barry and his family all the best for the future.