Irish farmer injured in New Zealand combine harvester accident awarded €3.4m

Padraig Lowry had suffered a lifelong, life-altering and disabling injury after his arm was amputated to four inches below his right elbow when he was 22

Padraig Lowry had been trying to deal with an oats blockage in the combine harvester chute when his arm was sucked into the moving parts of the machine. File picture: Chris Young/PA.

A young man who signed up in this country to work as a seasonal farm worker abroad, but who suffered catastrophic injuries when his arm was sucked into a combine harvester on a New Zealand farm, has been awarded €3.4m by the High Court.

Ms Justice Leonie Reynolds said the young farmer Padraig Lowry, whose arm was amputated to four inches below his right elbow, had suffered a lifelong, life-altering and disabling injury when he was 22.

The injuries, she said, have had devastating and life-changing consequences for him and his ability to run the 251-acre family farm in Co Laois has been significantly impaired.

Padraig Lowry (now 29) from Cappalinnan, Rathdowney, Co Laois, had sued Daryl Thompson of Invercargill, New Zealand, and D Thompson Contracting Ltd also of Invercargill, New Zealand, as a result of the accident in January 2015.

Mr Lowry had been trying to deal with an oats blockage in the combine harvester chute when his arm was sucked into the moving parts of the machine.

The Irish High Court had been asked to assess damages in the case where judgment had already been granted in default of appearance by the New Zealand side. Mr Lowry’s solicitor, Margaret Cordial of Smithwicks Solicitors, Kilkenny, will now have to seek to have the €3.4m judgment of the Irish High Court enforced in New Zealand.

The court previously heard how the 22-year-old had met a representative of the New Zealand company in a Co Meath hotel and was offered a job to start in October 2014. Three months later, the accident occurred on the rural New Zealand farm and the court heard Irish co-workers used their belts to tourniquet Mr Lowry’s arm which was pumping blood.

Just five hours after the accident and Mr Lowry was airlifted to hospital, the court heard the harvester was released to continue the work on the farm at Dipton, Southland.

Ms Justice Reynolds said it was clear from the evidence that the contract of employment was entered between Mr Lowry and the New Zealand company in Co Meath.

The judge said:

He is now left with a permanent disability and will require ongoing medical care. He has suffered and continues to suffer significant pain and discomfort at the site of the injury. 

"His ability to carry out his farming duties has been curtailed and he requires specialised machinery to carry out heavy duty activities. His quality of life has been significantly impaired and he has been precluded from returning to many of his pre-accident recreational activities.” 

In the proceedings, it was claimed it was an express or implied term of the contract that Mr Lowry would be provided with a safe place of work, a safe system of work and safe equipment and machinery.

It was claimed he was required to operate a machine that was dangerous and defective and the blades on the machine were allegedly permitted to be blunt which, it is claimed, resulted in the crop being cut too long and therefore blocking the chute.

It was also claimed the wind-down alarm on the machine was disconnected or not operating so as to warn Mr Lowry that the blades were still moving.