€1m settlement for man who fell through farm shed roof

He fell as he walked across the roof of a sow shed on a Waterford farm seven years ago.

His counsel Liam Reidy SC told the court Mr Cullinane had been asked to replace perspex sheeting on the roof of the shed.

Counsel said “the inevitable happened” as Mr Cullinane walked across the roof rather than using a roof ladder.

He fell through a perspex sheet to the ground and suffered a devastating injury.

Mr Cullinane(45), of Leperstown, Dunmore East, Co Waterford, through his wife Catherine Cullinane sued farmer Patrick Gough of Passage East, Co Waterford, as a result of the accident on Mr Gough’s farm on September 10, 2015.

It was claimed there was a failure to provide a safe place of work and that Mr Cullinane had allegedly been required to work on a roof surface that was in an allegedly unsafe condition.

There was an alleged failure to take any or any adequate steps to distinguish between the roof lights and other permanent elements of the roof structure.

The condition of the roof had been caused to deteriorate so that it became difficult or impossible to distinguish between the various elements of the roof structure, it was claimed.

The claims were denied and it was contended that Mr Cullinane, who traded as John Cullinane Plant and Agri Hire, was engaged by the farmer as a self-employed independent contractor to carry out work to the roof of an agricultural building.

It was claimed he was engaged as a specialist agricultural contractor and he was responsible for all aspects of the work that was to be carried out and the manner in which it was to be done, including the undertaking of the appropriate safety procedures.

Counsel said the €1million offer was to settle Mr Cullinane’s case and that of his wife who had sued for nervous shock over the accident.

Mr Reidy said Mr Cullinane faced problems in the case in relation to liability and he had chosen to walk across the roof and he was the experienced person on site.

Counsel said his side were recommending the offer to the court with a determination of liability of 85pc against Mr Cullinane.

Approving the settlement Mr Justice Paul Coffey said Mr Cullinane had undoubtedly suffered a devastating injury which had far reaching consequences for him and his family.

He was satisfied Mr Cullinane would be confronted with an overwhelming difficulty in establishing liability in the case .

He wished the family all the best for the future.