Compensation for man kicked in testicles by blind man
Denis Callanan, a 68-year-old widower from Ardagh, Co Limerick, sued Rathfredagh Cheshire Home Ireland, for failing in their duty under the Safety at Work Act.
Mr Justice Paul McDermott, awarded Mr Callanan €50,000 compensation and €29,428 special damages and said the plaintiff had suffered a difficult injury which resulted in a nasty sequel of serious illness, huge embarrassment, and depression.
Mr Callanan, who originally worked as a gardener at the Cheshire Home in Rathfredagh, Newcastle West, took up as a personal assistant to a blind resident in June 2008, and the accident which caused his injury occured in June 2009.
Mr Callanan was given a new position due to the good relationship he had built up with a resident who also suffered from cerebral palsy.
The court heard that Mr Callanan received an accidental kick in the scrotum as the blind resident crossed his legs as he sat on a chair.
At the time of the accident, the resident was wearing heavy orthopaedic boots to help him when walking.
Expert evidence was given that Mr Callanan should have been given a programme of training on how to deliver the appropriate care to the person he was assisting.
Mr Callanan’s case was that his employer should have taken into account the resident’s blindness to ensure, that he was instructed in how to engage with the resident he assisted.
Mr Justice McDermott said making Mr Callanan a personal assistant was a very good idea, but there should have been clear ongoing communication between the two so that the blind resident would be aware of any obstacles and the presence of any persons within “striking distance of in the danger zone”.
The plaintiff had received limited training when assigned to the important role in the daily life of a resident.
If Mr Callanan had been properly trained, he would have been imbued with the importance of proper communicaiton with the resident regarding his movements. The accident, he said, would not have happened if Mr Callanan had been given proper training.
Rathfedagh Cheshire Home had failed in its duty regarding this training.
Making the award, Mr Justice McDermott said a very difficult injury had a very nasty sequal which caused serious illness, considerable pain, huge embarrassment, and depression.
Costs were awarded to Mr Callanan.
