An appeal over a €453,000 damages award made to a young Donegal man whose foot was crushed by a digger while he was working in a quarry has been dismissed.
The three-judge Court of Appeal previously rejected claims by one appellant, Michael McDaid, it could not validly hear the appeal because two of the judges were women.
Brothers Michael and Charles McDaid, representing themselves, and McDaid Quarries Ltd, unrepresented, appealed the €453,000 award to David McLaughlin over devastating injuries suffered on June 26 2003, when he was aged 17, at a quarry near Burnfoot.
In his amended claim, Mr McLaughlin, originally from Buncrana but now living in the US, alleged he suffered the injuries after a 55 ton track excavator was driven over his foot by another man, also aged 17. Half of his right foot was later amputated.
The High Court’s Mr Justice Michael Hanna found Mr McLaughlin and the excavator driver were both working for McDaid Quarries at the relevant time and held the employers were negligent and failed to take adequate precautions for the safety of Mr McLaughlin.
In the Court of Appeal judgment, Ms Justice Mary Irvine noted the appellants alleged the claim was fraudulent in that Mr McLaughlin originally claimed his injuries were caused by negligent use of a motor lorry and the accident involved the wheel of a lorry.