A chef in a supermarket kitchen who was injured in a gas explosion has been awarded just over €93,000 by the High Court.
Agnieszka Zaganczyk (46) sued her employer, John Pettitt Wexford Unlimited Co, as well as gas installers C & M Delaney Ltd, Clonard, Co Wexford, over the accident at the Supervalu supermarket, Customs House Quay, Wexford, on January 12th, 2020.
Ms Zaganczyk, a Polish national who lived in Pineridge, Wexford, suffered burns to her face, neck, ear, left hand and left forearm. She also suffered from post-traumatic stress disorder (PTSD) as a result of the accident.
It was alleged that, due to the defendants’ negligence, she suffered the injuries when there was a gas explosion as she tried to turn on an oven in the supermarket kitchen. She was engulfed in flames, ran from the kitchen screaming and her co-workers came to her aid, it was claimed.
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She was brought by ambulance to hospital and later that day discharged on medication. In the following days, she went to her GP who referred her to the burn unit at St James’s Hospital in Dublin. She was off work for four months.
The case came before Mr Justice Michael Hanna last week when Gabriel Gavigan SC, instructed by Robert Anderson of Anderson and Gallagher Solicitors, said liability had been accepted and it was before the court for assessment of damages. The judge reserved his decision after hearing evidence from Ms Zaganczyk.
On Wednesday, the judge awarded her €93,181.
He said she suffered burns to her face and neck and to her dominant forearm, where there was the most significant scarring.
He accepted the burns were immensely distressing and she suffered significant pain which has left her with residual scarring.
She was diagnosed with PTSD and also with alcohol abuse disorder and depression, he said. She had been an outgoing cheerful person but the accident had a tremendous impact on her and she took to alcohol in a significant way, he said.
She also suffered from nightmares, panic attacks and a very low mood, at times finding herself crying and locking herself in her room, he said.
As of today, she sleeps better and her symptoms no longer meet the full criteria for PTSD but she still has some symptoms, he said.
He regarded her disorder as at the lower end of the serious PTSD categorisation and awarded €45,000 under that heading.
In relation to the separate diagnosis of alcohol abuse disorder, while in the past the court would take a “more general view” in relation to this injury, he considered this a separate injury and he was enjoined to follow the 2021 Judicial Council guidelines on this, which, he said, “are wise”. For this, he awarded her another €20,000.
He awarded her €25,000 for the burns and scarring.
Looking at the entire case holistically, he regarded €90,000 as representing a fair and reasonable award to which must be added agreed damages of €3,181, bringing the total to €93,181.
He granted leave to appeal on payment of 60 per cent of the award.