Council accepts accident liability
The council also stated it had made efforts to notify the deceased’s family as soon as the accident occurred.
The family of the late Michael O’Donovan, aged 44, a father-of-three from Aghabullogue, Co Cork, and an employee of Cork County Council, has brought a case for compensation to the High Court in Cork arising out of his death while working on a compound off Carr’s Hill, Douglas, in November 2012.
Following discussions between the two legal teams at the High Court in Cork yesterday, Mr Justice Robert Eagar was told the case was now only before the court as an assessment.
Liability was no longer an issue and the local authority’s claim of contributory negligence was withdrawn.
Fergus O’Hagan, for Cork County Council, had on Monday stated the case has been opened in a somewhat defamatory manner.
He said yesterday the local authority could produce evidence showing it had made fervent efforts to inform the family of the late Mr O’Donovan soon after the accident occurred but the efforts had proved unsuccessful.
John O’Mahony, for the plaintiff, had said on Monday: “Cork County Council did not contact the plaintiff. Later she [Mrs Yvonne O’Donovan] received a phone call from the nurse advising her of the situation in hospital.
“Cork County Council in its wisdom never took the basic human step of telling the family that he was badly injured or dead. The family was deeply offended by this, greatly exacerbating the suffering as a result of what happened on that day.”
Mr Justice Eagar will have to determine the amount of damages to be paid to the family now that liability for the accident is no longer an issue.
Mr O’Mahony said the plaintiff’s actuarial evidence put the financial evaluation to the family, arising out of Mr O’Donovan’s death and consequent loss of earnings, at a sum in excess of €800,000. He said the defence’s actuarial assessment was closer to €500,000.
The civil case continues today with both sides making legal submissions on the actuarial evidence.
Mr O’Mahony, instructed by Vincent Toher & Co, said a 50-foot Scots Pine tree was being felled when the fatal accident occurred. He said the work was being done in a manner that was careless and reckless. The tree fell on a cable on a phone line that caused the poll to crack at two points. The pole struck the late Mr O’Donovan on the head causing massive injuries, as a result of which he died that day.
