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A painter who fell to the ground from a ladder and suffered a traumatic brain injury settled his lawsuit in High Court for 3 million euros.
But Vincent Barry, 60, will only see 825,000 euros of that compensation after the High Court was informed today that the insurance company involved, which is based in continental Europe, has gone into liquidation.
Barry had claimed he was painting a Velux window on a property in Newcastle, Co. Wicklow, four years ago when an A-frame ladder is alleged to have snapped in two and fell onto the concrete below, fracturing his skull. He spent 14 weeks in the hospital and four months in the National Rehabilitation Hospital after the accident.
Susan Jones BL, instructed by Barry’s attorney Patrick Jones, told the court that it was an unfortunate matter. The insurance company involved, she said, was based outside of this country and had gone into liquidation.
As a result, he said that Mr. Barry will only have access to a maximum of € 825,000 under the Insurance Compensation Fund, which is designed to facilitate payments to policyholders when an insurance company goes into liquidation.
In approving the agreement, Judge Cross said that it was a serious and terrible accident that happened to Mr. Barry and that it had serious consequences for him, noting that the maximum payment from the Insurance Compensation Fund is 825,000 euros.
Mr. Barry, Silvermines, Bray, Co Wicklow, had sued Ian Longmore as Ian Longmore Building Services, Co. Wicklow, as a result of the accident while painting a house in Newcastle on September 12, 2016. Mr. Barry was working under the instruction of Mr. Longmore at the time of the accident, it was claimed.
Mr. Barry claimed that he had been provided with a ladder that was allegedly dangerously defective and unsafe to use. In addition, he claimed that the ladder had been broken in two.
You have also claimed that there was an alleged lack of reasonable care to ensure that you would be reasonably safe in the performance of your job.
The claims were denied and the other side argued that the ladder did not appear to have any obvious or inherent flaws. Furthermore, it was claimed that Mr. Barry allegedly did not wear a helmet when working at height.
Ms. Jones told the court that while the settlement was for € 3 million, there is very little chance of recovering more compensation than the amount allowed by the Insurance Compensation Fund.
In approving the agreement of 3 million euros plus costs, Judge Kevin Cross pointed out that the indemnifying insurance company had entered into liquidation and Mr. Barry must be paid from the Insurance Compensation Fund, which will give a maximum payment of 825,000 euros. .
The money, the judge said, will be turned over to the court.
Judge Cross wished Mr. Barry and his family all the best for the future.
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