A woman left with a scar on her leg after a steel girder fell on her at work has been awarded €189,000 damages by the High Court.
Store supervisor Joann Twomey had claimed the scar looked like a “shark bite”.
Mr Justice Charles Meenan said Ms Twomey was an honest and truthful witness who did not seek to exaggerate the effects of her injury.
The judge, who during the assessment of damages was shown the scar on the woman’s right calf said it was clearly visible from a distance .
“On viewing at an angle, there is a clear indent though I do not think it is of the order of a shark bite”, said the judge, adding he understood why Ms Twomey is of “such a view”.
The judge accepted Ms Twomey’s evidence that, because of the scar, she only feels able to wear trousers.
Ms Twomey (52) from Patrick’s Hill, Cork, had sued Jeral Ltd trading as Daybreak, Thomas Davis Street, Blackpool, Cork, and her employers Jeremy and Alice Buckley as a result of the accident on April 27th, 2015, when a steel girder fell on the back of her leg causing a 25cm-long laceration to her right calf.
She claimed there was a failure to secure the iron bar and that it had been stored in a manner that was dangerous. It was further claimed there was a failure to provide her with a safe place of work. Liability was admitted in the case which was before the court for assessment of damages only.
The court heard Ms Twomey after the accident was taken to Cork University Hospital and several days later had to have an operation to suture her leg. After her discharge from hospital the wound became infected and she was readmitted. She also later had to have skin grafts.
The judge said the woman has an ongoing complaint of pain which she described as being sharp around the scar tissue shooting or radiating down to her ankle .
Pain not an invention
He said she has been left with a scar on her calf together with two further scars from where she had skin grafts. She had given evidence that the calf scar causes her particular upset and embarrassment when she goes swimming.
Ms Twomey had told the court because of the scar she no longer wears skirts and as a result of the pain does not wear high heels.
The judge said he did not believe that the pain is an invention on the part of Ms Twomey. And her employment history and involvement in numerous courses post-school presents a picture of a woman anxious to remain in employment and acquire new skills.
The judge said the ongoing pain has affected Ms Twomey’s working life and she now has to work reduced hours . He was satisfied that she had established a basis for the court to award compensation for future loss of earnings .
The judge said he had taken into account the ongoing consequences of the measures taken to halt the spread of Covid-19 as regards the retail sector. He considered a 40 per cent reduction appropriate on the future-loss-of-earnings claim, awarding just over €69,000 in that category.
The judge awarded general damages of €80,000 damages and special damages, bringing the total to €189,409.
