A MONTH after a Limerick drainage company was dissolved, they were hired by Limerick City Council to clean sewers at a halting site where their negligence led to a grandfather falling down a manhole.
In a civil action for damages before Limerick Circuit Court, Terence Casey said he notified Limerick City Council in 2008 of an issue regarding sewers at the Clonlong halting site in Southill where he and his family lived for 40 years.
Hazdecon Limited, a specialist drainage company trading as Premier Drain Cleaning were contracted to carry out the works.
On December 8, 2008, workers from the drainage company had removed the manhole covers at the halting site when Mr Casey stepped backwards into the manhole and fell in up to his shoulders. He said that the area had not been cordoned off.
The 67-year-old retired pensioner was pulled from the drain by his brother and nephews and brought to St John’s Hospital where he had an x-ray.
Six days later, he was still in pain and went to the Regional Hospital in Dooradoyle where he was prescribed pain killers after a right rib fracture was diagnosed.
He couldn’t lift his grandchildren for some time after the fall and that had tenderness but now, seven years after the accident, he was “grand again”.
Under cross-examination, he said he had seen the open manhole but forgot about it as he turned to walk back to his house and he fell in.
Mr Casey brought his personal injury action against Limerick City Council, who were responsible for the halting site; Hazdecon Ltd, trading as Premier Drain Cleaning and Joebren Limited, caretakers of the halting site.
Counsel for the City Council Derek Sheahan BL, said a statutory defence had been filed which indemnified the local authority from any liability.
Mr Sheahan argued that, as Premier Drain Cleaning were a specialist company, they were responsible for any claim.
However, when Judge Keys asked why Premier Drain Cleaning was not represented, Mr Casey’s barrister, Philip Moloney BL, said the company had been dissolved one month before the accident.
Hazdecon Ltd was also recorded as “dormant” on August 31, 2007, more than 15 months before the accident.
“Well, that paints a very different picture of your defence”, Judge Keys remarked to Mr Sheahan. “This isn’t a case of pass the buck”.
“We all know that if you are going to open a manhole, you have to have it fenced off or have someone standing there on duty.
“I cannot accept that as a defence,” he said to Mr Sheahan as the defence barrister sought to explain that the council felt they had employed a “competent specialist firm”.
“Yes but they company was liquidated a month beforehand and they didn’t do the job properly”, Judge Keys said.
“The contractor was not ‘Jim’ll fix it’, so we felt that the matter was properly in hand,” Mr Sheahan countered arguing that “we should not be liable over the negligence of the contractor.”
However, Judge Keys ruled that the contracted company was dissolved and Limerick City Council were responsible.”
After a brief adjournment, the court heard that the matter was settled with Mr Casey receiving an undisclosed payment and his legal costs.
