Fanning v Myerscough

[2012] IEHC 128 - Ryan J.

Employee found 50% contributory negligent in relation to injuries sustained whilst he was descending from the cab of a tractor during the course of his work.

Facts

The Plaintiff's claim arose out of an accident which occurred on the 4th March 2008 during the course of his employment with the Defendant.  At the time of the accident, the Plaintiff was 59 years of age.  He sustained an injury to his left foot as he was descending from a tractor. As he was climbing down from the cab of the tractor, the door of the cab swung suddenly against him causing him to lose his balance and fall to the ground.

The Plaintiff alleged that his accident was caused by the Defendant's failure to repair a broken restraining strut on the door of the tractor. The Defendant denied that the restraining strut was broken at the time the accident occurred.  The Defendant alleged that the Plaintiff's accident was caused in whole or in part by the fact that, when