Tipperary firm contesting personal injuries action alleging employee caught covid at work

The case came before Deputy Master John Glennon on Thursday to resolve a dispute between the parties about the amount of documents Rosderra must provide to Mr Feighery’s legal team ahead of a trial.

A Co Tipperary meat plant operator is contesting a personal injuries action brought by a former employee who claims he contracted covid-19 while at work, the deputy master of the High Court has heard.

Paul Feighery, who nearly died with the virus, is suing Rosderra Irish Meats Group Unlimited Company, claiming it was negligent in allegedly permitting him to contract covid while he operated as a packer at the factory during March 2020.

His barrister, Gavin Miller, told the Deputy Master’s Court on Thursday  the defendant denies his client contracted the virus at its premises and maintains it acted reasonably at all times. His client has been put on "full proof" of the claim, he said.

Mr Feighery, of Shinrone, Birr, Co Offaly, has diabetes and was aged 61 when he felt ill on March 19, 2020.

His health rapidly deteriorated and he was admitted to hospital, where he spent more than two weeks on a ventilator before being discharged in May 2020.

Mr Miller, instructed by Deirdre K Ryan & Co Solicitors, said his client continues to suffer with symptoms of long covid and took early retirement.

The case came before Deputy Master John Glennon on Thursday to resolve a dispute between the parties about the amount of documents Rosderra must provide to Mr Feighery’s legal team ahead of a trial.

Agreement had been reached regarding some record categories, but others required ruling as to their scope and relevance.

Counsel for Rosderra said her client has already handed over a significant volume of documents, including all those related to his medical records, all risk assessments for the relevant period and notes about a meeting with his supervisor and the risk Covid posed to him. 

Elements of the document request were “far too broad” and amounted to “fishing”, she said.

Mr Miller said the defendant had “dragged” its heels on the issues, which required him to issue court motions. He said a defence delivered by Rosderra was “little more than a traverse” of the plaintiff’s claim.

Deputy Master Glennon said this was the first covid-related personal injuries case that had come before him.

Considering one of the categories, concerning discussions with employees about covid in the early days of the pandemic, the deputy master said disclosure of this might usually be considered “disproportionate”. However, in the particular circumstances here, he felt it was correct to share the records.

He gave Rosderra 16 weeks to release the records he determined were relevant to the claim.