Delivery driver awarded €65,000 after fall in takeaway
Posted on 1st July 2021 at 21:20
A delivery driver who suffered a hip injury when he slipped and fell on the wet floor of a Dublin takeaway restaurant has been awarded €65,000 by the High Court.
Ms Justice Leonie Reynolds said Robert Egan had, if anything, downplayed his injuries when giving evidence to the court.
Mr Egan had worked part-time for Silvios takeaway at Tempelogue village, Tempelogue, Dublin, for eight years as a delivery driver dropping off orders to customers when the incident happened in 2017.
Declan Buckley SC, instructed by Shane O’Brien solicitor, told the judge that judgment was entered in the case last March in default of appearance by the defendant who was not present in court for the case.
The matter was before the court for assessment of damages only.
Mr Egan (40), Orlagh Park, Knocklyon, Dublin had sued Maria Coletti trading as Silvios , a takeaway restaurant at Tempelogue village, as a result of the fall on September 25th, 2017.
It was claimed there was failure to take any adequate care for his safety and failure to manage or conduct work activities in a safe manner. It was also claimed Mr Egan was obliged and required to work in a dangerous and hazardous work environment and the floor was allowed to be wet and slippery.
In evidence, Mr Egan said he had finished deliveries and was putting back the delivery bag when he lost his footing and slipped.
Shouting in pain
He said he felt a nasty pain in his hip and he was shouting in pain. Another worker helped him to a seat and he was later collected by a family member and brought home. He said he had to sleep on the floor of the living room that night and the next morning was taken to hospital by ambulance.
An X-ray revealed he had suffered a fracture to the neck of the femur at the right hip. He had to have open reduction surgery and screws inserted.
He was unable to return to work at the takeaway and ended up on crutches for the rest of the year.
Mr Egan said he gave up his job and it was six months before he could return to normal activities. He said he never heard from the takeaway after the accident and there was no phonecall to see how he was.
Ms Justice Reynolds, having read the medical reports, said there was a 10 per cent risk Mr Egan may need a hip replacement in the future.
It was clear his injuries from the fall were in the moderate to moderately severe category and, if anything, Mr Egan downplayed his injuries, she said.
The judge also said it was “somewhat unusual” that Mr Egan’s employer for eight years, did not enquire as to how he was or when he was coming back to work after the fall.
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