Latest news with #MarkLawless
BreakingNews.ie
10 hours ago
- BreakingNews.ie
Court throws out damages case brought over wheelbarrow injury
A High Court judge has thrown out a case brought by a former stablehand who wanted damages for hurting his back while emptying a wheelbarrow. Mark Lawless brought proceedings over a March 9th, 2016 incident at Rossmore Cottage Stables in The Curragh, Co Kildare, where he was employed by racehorse trainer Adrian Keatley. Advertisement Mr Lawless, who now works as an auctioneer, sought compensation from Mr Keatley for injury he allegedly sustained to his back when he emptied soiled hay from a wheelbarrow. In a judgment, Mr Justice Michael Twomey said this incident was an 'everyday misfortunate mishap' for which Mr Keatley was not liable, and dismissed Mr Lawless' case. Mr Lawless left his job as a stable hand after about 6 to 8 weeks of work at Mr Keatley's stables, and currently works as an auctioneer. The judge noted that the Supreme Court previously ruled that courts should approach personal injury claims with 'common sense' and 'some degree of scepticism'. Advertisement In this vein, the judge said it was his view that if the wheelbarrow incident occurred in Mr Lawless' own garden, it would be regarded as an 'accident', with no one to blame. This approach is also relevant in considering the evidence of expert witnesses called during the hearing. 'A court does not require an engineer to tell it that one should empty a wheelbarrow on the flat, and not try to empty a wheelbarrow on an upward incline, since this is basic common sense,' the judge said. The judge also said it was his view that Mr Lawless was mistaken in the recollection of the incident: on the balance of probabilities, he emptied the wheelbarrow on a flat surface, rather than – as Mr Lawless said during the hearing of the case – an incline. Ireland Boy who claimed he broke his arm on astro turf pit... Read More Emptying the wheelbarrow on an incline is 'unorthodox', the judge said. 'If he had done so, in this court's view, he would have made that claim in his pleadings.' Advertisement Even if Mr Lawless' recollection was correct, the judge said, he was not entitled to make that claim at the hearing. He also said Mr Lawless had a responsibility to ensure the surface he was emptying the wheelbarrow on was flat. 'If he failed to do so and then decided to roll a wheelbarrow up an incline and seek to empty it on that incline, any injury to his back is not the responsibility of his employer,' the judge said. The judge said it was his preliminary view that the costs of the proceedings at both the High Court and the Circuit Court should be awarded against Mr Lawless. The case had been before the court as an appeal from the Circuit Court.
Irish Times
10 hours ago
- Irish Times
Stable hand who said he hurt back while emptying wheelbarrow loses injury claim against racehorse trainer
A racehorse trainer cannot be found liable for a back injury allegedly suffered by a stable hand when using a wheelbarrow in a 'most unorthodox' manner, a High Court judge ruled. An employer is not liable for 'everyday unfortunate mishaps' to employees that could as easily happen at home just because it occurred on the premises of someone with insurance or means to pay compensation, Mr Justice Michael Twomey said. The courts, he said, should approach such claims with 'common sense and a degree of scepticism'. He made the comments on Thursday, dismissing a damages claim by Mark Lawless against racehorse trainer Adrian Keatley over an injury allegedly suffered on March 9th, 2016, at Rossmore Cottage Stables, The Curragh, Co Kildare. READ MORE His preliminary view was to grant Mr Keatley his costs, but final orders will be made later if the parties cannot agree them. Mr Lawless, who in March 2016 was working as a stable hand for Mr Keatley, claimed the injury occurred when he was emptying a heavy wheelbarrow of soiled hay into a dungstead, a three-sided structure with concrete walls and a concrete floor. His job was to fill 10 to 15 full wheelbarrows daily with soiled hay from horse boxes and empty those into the dungstead. He had worked six to eight weeks for Mr Keatley, but is now working as an auctioneer. Mr Lawless had called engineering evidence in support of his claim that his emptying of the wheelbarrow, which the judge described as 'perfectly fit for use', constituted an 'unsafe system of work'. His key claim at the hearing was that he decided to empty the wheelbarrow when it was on an upward incline of soiled hay, the judge said. It was claimed Mr Keatley was liable for the back spasm he suffered while doing this and the resulting injury. Mr Lawless had said he was filling the dungstead on his own, the judge noted, but a machine operator attended the stables every four to six days to push soiled hay towards the back of the dungstead, intervals 'well within' what Mr Lawless's engineer considered appropriate. A court does not require an engineer to tell it one should empty a wheelbarrow on the flat and not try to empty it on an upward incline, the judge said. That was 'basic common sense'. It was 'curious, to say the least', the claim of injury when emptying the wheelbarrow on an upward incline only surfaced six years after the claim issued in 2017 and only after an engineer took photos showing inclines of material in the dungstead operated by a different racehorse trainer. On the balance of probabilities, the judge did not find it credible that Mr Lawless, who had 'plenty of experience' using wheelbarrows and emptying out horseboxes in his own home, operated the wheelbarrow in the 'unorthodox' manner suggested. It seemed Mr Lawless's recollection of the events was not accurate – that was human nature and not a reflection of the honesty of a witness, he said. Other inconsistencies in Mr Lawless's recollection included a medical note in April 2016 which stated his problem arose from a fall 'while looking after a horse'. Mr Lawless did not damage his back while emptying the wheelbarrow on an upward incline, the judge said. It seemed his injury, if it happened as a result of emptying the wheelbarrow, was an unfortunate everyday mishap when doing the 'everyday task of emptying a wheelbarrow in the usual manner, on a flat surface' and for which his employer 'has absolutely no liability'. Even if Mr Lawless did use the wheelbarrow as claimed, the employer had no liability for not providing a safe system of work because Mr Lawless's task was to ensure the dungstead floor was clear so a flat surface was available from which to empty the wheelbarrow, the judge said. Another ground for dismissing the claim was because the incline claim made at the hearing was not originally pleaded, he said.
