A bin man who suffered a severe brain injury after he was propelled from a waste disposal van has settled his High Court action for €3.5m.
Benjamin Heffernan who fell through the side door of the van fractured his skull in the fall and suffered a brain injury.
He was travelling in a van belonging to Killarney Waste Disposal, delivering compost bins to households in the Durrus area of Bantry, Co Cork, when the accident happened in January 2015.
Mr Heffernan lost consciousness when he hit the road and was airlifted to Cork University Hospital.
The 50-year-old underwent emergency surgery and later spent months in rehab.
He now has a degree of mobility but will never work again, the court was told.
Mr Heffernan from Park Road , Killarney, Co Kerry, had sued his employer Killarney Waste Disposal, Aughacureen, Killarney, Co Kerry, the owner of the refuse vehicle and its driver Mike Brosnan, Chestnut Drive, Killarney, Co Kerry, as a result of the accident on 12 January 2015.
He claimed there was an alleged failure to have any or adequate safety devices such as harnesses or otherwise to ensure he was not thrown from the vehicle and there was an alleged failure to ensure he had a seatbelt and was provided with a helmet.
It was further claimed Mr Heffernan was allegedly caused or permitted to work at an excessive pressure or at an excessive speed and there was an alleged failure to ensure there was a handle on the inside of the van door.
The claims were denied and it was contended Mr Heffernan had allegedly directed Mr Brosnan to drive the van and he had got in the back of the van.
It was further claimed Mr Heffernan had failed to ensure the van was decommissioned when he allegedly was aware of a defect in the latch of the van door. These claims were denied by Mr Heffernan.
Approving the settlement Mr Justice Kevin Cross said it was a good one and he wished Mr Heffernan and his family all the best for the future.
Outside court solicitor Amy Connolly of Cantillons Solicitors said Mr Heffernan had spent 33 weeks in hospital following the accident having suffered life-changing injuries.
"This settlement will provide for the ongoing care of Mr Heffernan, but no money can ever truly compensate him for the effect his injuries have had on his day to day life," she said.
He claimed there was an alleged failure to have any or adequate safety devices such as harnesses or otherwise to ensure he was not thrown from the vehicle and there was an alleged failure to ensure he had a seatbelt and was provided with a helmet.
It was further claimed Mr Heffernan was allegedly caused or permitted to work at an excessive pressure or at an excessive speed and there was an alleged failure to ensure there was a handle on the inside of the van door.
The claims were denied and it was contended Mr Heffernan had allegedly directed Mr Brosnan to drive the van and he had got in the back of the van.
It was further claimed Mr Heffernan had failed to ensure the van was decommissioned when he allegedly was aware of a defect in the latch of the van door. These claims were denied by Mr Heffernan.
Approving the settlement Mr Justice Kevin Cross said it was a good one and he wished Mr Heffernan and his family all the best for the future.
Outside court solicitor Amy Connolly of Cantillons Solicitors said Mr Heffernan had spent 33 weeks in hospital following the accident having suffered life-changing injuries.
"This settlement will provide for the ongoing care of Mr Heffernan, but no money can ever truly compensate him for the effect his injuries have had on his day to day life," she said.
