Man who gave nine variations of accident suffered at work has €60k damages claim dismissed
A man who gave nine variations of an accident he suffered at work has had his €60,000 damages claim dismissed by the Circuit Civil Court.
Judge Jacquline Linnane heard that Mario Alexandru Andrei of The Grattan Wood, Donaghmede, Dublin 14, had been involved in an accident while working at Eaton House, Pembroke Road, Co Dublin, in February 2015.
Andrei had told judge Linnane that he had been hired by Mcr Outsourcing Limited as an industrial cleaner. He said his work with the company had mainly consisted of hoovering floors and washing windows.
Judge Linnane heard that when working at Eaton house, Andrei had been asked to carry out labouring work instead of his usual cleaning duties.
Andrei said that he had been carrying a large piece of wood down a staircase with the help of a co-worker when he had slipped on pieces of rubble, glass and wood that had been on the stairs.
He had hurt his lower right leg and arm.
Barrister Shane English, counsel for Mcr Outsourcing Limited and John Sisk & Son Limited, the construction company who hired Mcr, told the court that it was impossible to determine what had happened to Andrei as he had told nine different variations of the accident.
Mr English, who appeared with McCann Fitzgerald Solicitors, said that various descriptions of the incident had been included in Andrei’s medical reports, his notice of particulars and in other documents submitted to the court.
He told Andrei that he believed his claim of not being able to attend a doctor in the weeks following the accident, as he could not afford to do so, had been nonsense.
He said if Andrei could afford to go to a solicitor he could afford to go to a doctor.
Mr English pointed out that Andrei had eventually attended a doctor in April 2015 in Leixlip despite the fact he had been living in Castleknock at the time. He said Andrei had attended this GP under the instruction of his solicitors.
Counsel said Andrei’s evidence in the witness box had been the first time there had been any mention of a co-worker helping him carry the wood.
Judge Linnnae said Andrei’s case had been inconsistent and unconvincing and that there had been various versions of events put forward.
She said Andrei had only attended a doctor twice since the incident occurred, once in April 2015 and once in July 2019, despite claiming he had constant lower back pain on his second visit.
Judge Linnane dismissed Andrei’s €60,000 damages claim against Mcr Outsourcing Limited and John Sisk & Son Limited.
