A supermarket worker who sued over allegedly injuring his back while lifting a 20kg bag of onions has settled his High Court action on undisclosed terms.
The action by Darius Pobog Gadzinski (57) had opened on Tuesday and, on its second day on Wednesday, Mr Justice Michael Hanna was told it had been settled. No terms of settlement were outlined.
Mr Gadzinski, Killegland Hall, Ashbourne, Co Meath, claimed he has chronic back pain and has not worked since the accident five years ago when he attempted to move the onions from a two-metre-high pallet.
He had sued his then employer, Lidl Ireland, as a result of the accident in the Lidl Ashbourne store on October 24th, 2014.
Operational procedures
He alleged failure to instruct him or his fellow employees in the correct operational procedures for the safe carrying out of his duties and that he was permitted to carry an object so heavy as to be likely to cause him injury.
The claims were denied.
Mr Gadzinski reported the accident before going home and taking painkillers
During the opening of the case, the judge was told Mr Gadzinski started working for Lidl in Ashbourne in April 2008 as a store assistant and packer and that the early morning job involved helping fill the shelves with products before the store opened to the public.
Rónán Dolan SC, for Mr Gadzinski, said that on the day of the accident, his client had wheeled out a shrink-wrapped pallet, which was about two metres high, from the warehouse to the store.
Loosely placed
A bag containing 20 individual bags of onions, each weighing one kilogram, was loosely placed on top of the pallet, counsel said.
Mr Gadzinski “had no choice but to be standing on his tip-toes when he reached up with both hands to lift off the bag” and would say, such was the weight, he felt “a pull or drag in his back as it wrenched his back downwards as he placed it on the ground”, counsel outlined.
Mr Dolan said Mr Gadzinski reported the accident before going home and taking painkillers.
He tried to return to work but the pain was too great and he finished early, counsel said.
Mr Gadzinski attended his GP and a local medical centre and received pain killing injections, as well as physiotherapy, the court heard. He will require surgery at two points in his spine to help cure the resulting chronic pain, Mr Dolan added.