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Contributory Negligence Cuts Fatal Work Injury Claims Award

December 21, 2011

The family of a man who suffered a fatal work accident has had the settlement of their compensation award reduced due to the man´s contributory negligence.

Ronan Conway (27) of Kilcullen, County Wicklow, suffered his fatal injuries while working for OB Sales and Hire Limited – also of Kilcullen, County Wicklow – in November 2008. Leaving the cab of his digger to examine something in the ground in front of him, Ronan omitted to lock the safety lever and was crushed between his digger and another vehicle working in the yard.

Ronan´s fiancée, Anne Marie Morgan (30), brought a compensation claim for fatal work accident against his former employers, alleging that the yard in which Ronan was working was inadequately lit, but the company denied the claim and said that it was Ronan´s own negligence which had caused the accident.

In the court, Mr Justice John Quirke heard that the two parties had now come to an agreement over a settlement of fatal work accident compensation that took into account Ronan´s contributory negligence. The total compensation amount once adjusted came to 550,000 Euros – a figure which Mr Justice John Quirke approved, extending his condolences to Ms Morgan and Ronan´s family.

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