Family of man who died after falling off ladder while working in Cork's Marina Market settles case

The settlement judgement was against his employer BCL Ventilation Ltd

Pawel Kulesza from Poland fell from a height in 2021 while installing a ventilation duct and fan to the external wall of a building at the Marina Market, Centre Park Road, Cork City. File picture: Cian O'Regan

The family of a man who died in hospital over two weeks after falling from a ladder while working on a Cork City building has settled a High Court action for €300,000.

Pawel Kulesza from Poland fell from a height in 2021 while installing a ventilation duct and fan to the external wall of a building at the Marina Market, Centre Park Road, Cork City. He suffered a head injury and was rushed to hospital where he died on October 26, 2021.

The settlement of the proceedings is without an admission of liability and brings to four the number of actions now resolved over the accident on October 8, 2021. Mr Kulesza’s wife and children have also settled nervous shock actions in relation to the incident, the High Court heard.

The family’s counsel, Gabriel Gavigan SC instructed by Simon Kelly solicitor, told the court it was a very sad case. Mr Kulesza, he said, was a 58-year old grandfather at the time of his death and had been working as a fitter.

Counsel said issues in relation to alleged contributory negligence on the part of Mr Kulesza arose in the case in that it appeared that Mr Kulesza was in charge of the operation to install the ventilation duct. 

Counsel said there was also a question in relation to the wearing of a safety helmet, where Mr Kulesza had been provided with a helmet “but unfortunately he was not wearing it”. Counsel told the court that there was also access to a mobile platform but it appeared Mr Kulesza chose to use the ladder for the job.

Maria Kulesza, Ostrów Wielkopolski, Poland, had sued various parties over the death of her husband, including his employer BCL Ventilation Ltd, with offices at Little Island, Cork. The settlement judgement, the court noted, was against BCL Ventilation.

Family's claims

In the proceedings, it was claimed against BCL Ventilation Ltd that there was an alleged failure to ensure the ladder was constructed, inspected, maintained or repaired adequately or at all. 

It was further claimed there was an alleged failure to ensure a safe place of work and provide a safe system of work. The claims were denied.

The case before the court for the division of the €35,000 mental distress payment only. Noting the settlement and approving the division of the solatium, Mr Justice Paul Coffey said it was indeed a very tragic case.

The judge noted the family’s agony had been prolonged for a number of weeks after the accident and he expressed his deepest sympathy to the family.