herald

Sunday 22 July 2018

€110k payout after man who 'wasn't trained to get post' falls

Terence Morgan at court
Terence Morgan at court

An ESB employee who slipped and fell on stairs as he was collecting post has been awarded €110,000 by the High Court.

The court found Terence Morgan, who had worked with the ESB for about 38 years, did not get specific training in the task of collecting post, which he had performed for a number of years.

Mr Morgan (60), of Drumnacarra, Ravensdale, Dundalk, Co Louth, fell on the stairs at the ESB offices, Avenue Road, Dundalk, where he collected post to bring down to a franking machine.

He told the court he was stepping from a landing to the first step on the lower flight of stairs when his feet went from him and he slipped and fell down more steps.

Mr Morgan hurt his shoulder in the fall, was out of work for over four months and is left with ongoing pain, Ms Justice Bronagh O'Hanlon said.

It was the court's view that a problem with the nosing on the steps, combined with the fact they were wet, caused Mr Morgan to slip and fall very heavily.

Negligence

While Mr Morgan had inadvertently carried parcels in both hands, the judge ruled it still did not amount to contributory negligence on his part in view of the absence of specific training.

"This accident was reasonably foreseeable and the ESB had given no specific training on collection and delivery of post," the judge said.

It was accepted by both sides that the ESB is a fastidious in terms of its emphasis on safety, protocol and investigation, the judge noted.

Mr Morgan said after the fall he was sore and winded, and went back up the stairs, picking up the parcels he had dropped.

He said he noticed water on the landing and the first step. He got a cloth and dried the landing and went home early from work but had to got to hospital the next day.

Ms Justice O'Hanlon said Mr Morgan came across as a very credible witness who did not appear in court to overstate his complaints.

His account of the accident and how it occurred was consistent with his account to medical doctors treating him and he did not exaggerate his injury in any sense.

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