A widow is suing a local authority over the death of her husband while he was conducting maintenance work at a water treatment facility on New Year’s Eve four years ago.
Wicklow County Council employee Vincent O’Brien was working as a caretaker at the plant in Cronroe, Ballymachara, on December 31st, 2019 when the fatal incident occurred.
His widow, Caroline O’Brien, of Ballymote, Glenealy, Co Wicklow, is suing Wicklow County Council for alleged personal injuries arising out of its alleged negligence and breach of duty to her husband.
Her case claims two workers found 58-year-old Mr O’Brien on the floor of the chlorine room. She alleges they could not enter due to the levels of gas in the room and that emergency personnel were called to go in wearing breathing apparatus.
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She alleges a worker reported back that valve on chlorine cylinders were open, with one effectively empty and the other releasing gas.
A Health and Safety Authority (HSA) investigation concluded in early 2021 and a decision was taken not to prosecute over his death.
Her case recently came before Mr Justice Max Barrett, who acceded to her request to order the renewal of her original court documents, which had been filed more than a year earlier.
He said he “fully appreciate[s]” the death of Mr O’Brien must have come as a shock to Ms O’Brien. However, the timing of personal injuries proceedings is “very tight”, and the courts must “strike a balance” when considering delay to cases.
It cannot be assumed that, where delay occurs, the court will “rank a client’s grief and a solicitor’s related empathy higher than the interest of the defendant in proceedings being brought on time and at a suitable pace”.
Ms O’Brien’s solicitor contended the local authority was not significantly prejudiced by renewing her client’s summons. Conversely, she said, “irreparable prejudice” would be caused to Ms O’Brien and her family if the court refused to renew the document, as her action, which is also on behalf of Mr O’Brien’s statutory dependents, would be statute barred.
Mr Justice Barrett said there are “special circumstances” in this case that justify renewal.
While there is “undoubtedly” some degree of prejudice to the council in that it will be sued on an action that would otherwise be statute-barred, it must have anticipated these proceedings, he said.
Were he to refuse Ms O’Brien’s request, there would be “every possibility of an injustice” in the form of “extreme prejudice” to her and Mr O’Brien’s statutory dependents, the judge added.
Ms O’Brien’s action alleges her late husband’s fatal injuries were caused by the negligence, breach of duty and breach of contract on the part of the council.
She alleges the local authority failed to provide him with a safe place of work and exposed him to foreseeable risk. She also claims it subjected him to unreasonable stress and failed to act adequately or at all on foot of his complaints.
She is suing for damages for alleged personal injuries, emotional distress and loss.
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