Chef injured during preparations for Pope Francis's visit to Ireland awarded €40k in damages

Mr Hayes burned his left arm after carrying a large bain-marie three-quarters full of hot gravy down a sloped ramp and had slipped and fallen

The incident happened during preparations in Phoenix Park for the Festival of Families. File photo: Brendan Moran/Sportsfile

A chef who was injured during preparations for Pope Francis’s visit to Ireland seven years ago has been awarded €40,000 damages for personal injuries against three companies associated with getting Phoenix Park ready for the Festival of Families.

Albert Hayes, aged 60, of Collins Avenue, Donneycarney, Dublin, succeeded in his negligence claim against Fitzers Catering, Orchard Avenue, Citywest, Dublin; Eventus Ltd, Galway Road, Tuam, Co Galway, and Leisure Domes Ltd, Currymount, Buttevant, Co Cork.

Hayes told Judge John Martin in the Circuit Civil Court on Monday that on August 23, 2018, only two days before Pope Francis’s visit, he had been engaged by Fitzers Catering as a chef providing prepared meals for workers making Phoenix Park ready for the historic visit. He had worked for Fitzers for several years.

Barrister Sharbee Morrin, outlining the case to Judge Martin, said Mr Hayes had been engaged by Fitzers Catering as a chef to feed workmen employed by Eventus and Leisure Domes who had erected a marquee with kitchen and washing-up area.

Mr Morrin, who appeared with O’Hanrahan D’Alton Solicitors, said that on August 23 Mr Hayes had been carrying a large bain-marie three-quarters full of hot gravy down a sloped ramp when he had slipped and fallen, scalding his left arm as the gravy poured over him.

Counsel said Eventus Ltd, Galway, had organized the event in preparation for the visit of Pope Francis as part of the “World Meeting of Families 2018”. Fitzers had been engaged to look after the provision of food and Eventus had contracted out the work of erecting marquees and other infrastructure for the Papal visit two days later to Leisure Domes.

A sloping ramp had been laid down, open to the elements, between the marquee and the washroom area and it had been on this ramp that Mr Hayes had slipped. He had been left with a burn scar on his left arm as a result of his injuries.

Judge Martin, in awarding Mr Hayes €35,000 for his injuries, and another €5,000 for loss of employment opportunity, said in his judgment that no-one had witnessed the incident or could say he had not been looking where he was going or walking too fast or had not been taking care in carrying the pot.

There had been no engineering evidence called to suggest that such pots should be wrapped up in cling film or why mats had been put down following a fall earlier by another worker and then taken away prior to Mr Hayes’ fall.

Liability

“Mr Hayes is entitled to succeed 100% with no finding of any liability against himself but it is a trickier matter to decide who the responsible party is,” Judge Martin said.

The judge said Mr Hayes’ employer had an overriding duty to protect the safety of their employees at work while the second and third defendants disputed their liability for the incident.

“The heaviest liability lies with the first defendant (Fitzers). They were aware there had been an earlier accident and their safety officer had put down a series of mats which had been removed by somebody before Mr Hayes’ accident,” Judge Martin said.

He said two people had fallen on the day in question which suggested to him there may well have been something wrong with the ramp. In the circumstances, he found Fitzers Catering 50% responsible for the accident with 25% blame each lying with Eventus Ltd and Leisure Domes Ltd.

Judge Martin said the unfortunate Mr Hayes had suffered burn injuries and had been left with residual scarring. He awarded Mr Hayes €35,000 on a 50-25-25 basis together with €5,000 for loss of opportunity of employment which had “dried up” when he had sought to return to work four weeks following the incident.

He awarded costs to Mr Hayes against all three defendants.