Andrew Carey
A STOREMAN was awarded €47,500 in damages after his employer, Dunnes Stores, was found to have failed in its duty of care to the man who was electrocuted while operating a cardboard compactor four years ago.
At a sitting of the High Court in Limerick this week, Gerard Waters, said he moved from Dundalk to take up a job with Dunnes Stores 15 months before a “random bolt of voltage” injured him while he was using a cardboard compactor during the course of his work.
After a three day hearing, Mr Justice George Binchy said that although the nature and complaint of Mr Waters injuries were “inconsistent”, Dunnes Stores had failed in their duty of care towards their employee.
Mr Waters said that he started work at 3pm on March 20, 2011 and 20 minutes later he filled the compactor with cardboard. When he pressed the button on the control panel, he was hit with a stray bolt of voltage in his right arm and right foot.
The shock exited through his big toe which was left with a small burn mark Mr Waters claimed.
Mr Waters complained of a numbness between his elbow and his arm. He had no feeling in his right arm and was off work for 12 months, but has since returned to near full function.
Michael McMahon SC, instructed by Frances Twomey solicitors said that Mr Waters suffered a moderate injury and although nerve problems would resolve in time, he was left with some residual issues.
While technical examinations found there was no fault with the machine, Mr Justice Binchy said that there was no exaggeration from Mr Waters as to what happened or the extent of his injuries.
As the compactor was imported from the United States, he said that Dunnes should have installed an “extra low voltage operating panel” in accordance with industry regulations and common practice.
Remarking that “a random escape of electricity was the only likely cause of injury”, Judge Binchy awarded €47,500 in general damages and loss of earnings. He added that the chance of stray voltage should have been eliminated and that he accepted the evidence that Mr Waters would have ongoing problems for the remainder of his life.
