Man receives €46,000 settlement after shutter fell on his head in Dunnes
Judge satisfied that offer represented the full value of the claim and that there was no point in going to trial
Print27 April 2021
Following an incident whereby a heavy metal shutter fell on his head in a Dunnes Stores outlet, a man has secured a €46,000 settlement from a High Court action.
The accident which occurred on 20 March, 2017, at the retailer’s outlet in Newbridge, Co. Kildare, involved a part-time employee at the time, Patrick McMahon.
The case was brought by the man’s sister, Mary McMahon, against Dunnes Stores’ (Georges Street ) Unlimited Company.
In an affidavit, Mary McMahon said her brother has Downs Syndrome, hypothyroidism and suffered a cerebrovascular accident in 2014, three years prior to the shutter accident.
A GP’s report stated Patrick McMahon had received a graze to his forehead, did not lose consciousness and attended K-Doc on the day of the accident, where he was diagnosed with a minor head injury. Due to his history of cardiovascular disease, a CT scan of his brain was carried out to rule out any new cardiovascular event, and the scan returned a normal result.
The Irish Times reported that Mary McMahon said she and her mother are satisfied any of her brother’s ongoing symptoms – which according to medical reports include headaches, dizziness and poor balance – are referable to his complicated medical situation instead of the injuries suffered in the shutter accident.
Counsel for Patrick McMahon stated the new guidelines governing awards for personal injuries provide for awards up to €21,000 for a minor head injury with no loss of consciousness and for awards between €19-34,000 for moderate head injuries with no loss of consciousness.
Both Counsel and the judge were satisfied this was a good offer representing the full value of the claim. The judge added that there was no point in going to trial as Mr McMahon would not do better and he could get less.
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