The family of a man who died in hospital a fortnight after falling from a ladder while installing a ventilation duct to a Cork city building, has settled a High Court action for €300,000.
58-year-old Pawel Kulesza from Poland suffered a head injury after he fell from the ladder at the Marina Market, Centre Park Road, Cork city on 8 October 2021.
He died on 26 October.
His family had sued various parties over the death, including his employer BCL Ventilation Ltd, with offices at Little Island, Cork. The settlement was made without admission of liability.
In the proceedings, it was alleged against BCL Ventilation Ltd that there was a failure to ensure the ladder was constructed, inspected, maintained or repaired adequately or at all. It was further claimed there was an alleged failure to ensure a safe place of work and provide a safe system of work.
The claims were denied.
The court heard there were issues in relation to alleged contributory negligence on the part of Mr Kulesza in the relation to a helmet he had been supplied with but had not worn, and the provision of a platform which he had not used, instead using a ladder.
The settlement of the proceedings was reached without an admission of liability and brings to four the number of actions now resolved over the accident.
The court was told that Mr Kulesza's wife and children have also settled nervous shock actions in relation to the incident.
The case was before the court for the division of the €35,000 mental distress payment only.
Noting the settlement and approving the division of the statutory payment, Mr Justice Paul Coffey said it was a very tragic case and said the family's agony had been prolonged for a number of weeks after the accident.
The judge expressed his deepest sympathy to the family.
