A boy suffered severe injuries to his right arm when it became entangled in a potato harvester and had to wait 30 minutes before it was released, the High Court was told yesterday. He has had four operations on his arm to date and may require further surgery.
Shaun McCallion, now 14, Ardmore, Muff, Co Donegal, suing by his mother, Ms Teresa McCallion, has brought his action against a farmer, Mr Robert Allen, Aught, Muff, on whose lands the accident occurred; Mr Gerard Hegarty, Aught, the operator of the harvester; and Mr Charles Hegarty, Aught, stated to be its owner.
Ms Justice Carroll was told the accident happened on October 27th, 1997, when Shaun was nine. During cross-examination, Shaun agreed his parents had told him not to go to the field where the accident happened while the machine was in operation.
The judge is being asked to determine liability between the plaintiff and the defendants, who claim there was contributory negligence by the plaintiff; and also between the three plaintiffs. She approved an offer to value the case at €250,000 and costs in the event of full liability. The hearing is continuing in relation to liability.
In the defence, it is pleaded that Shaun was not lawfully on the property and that, without permission, expressed or implied, he climbed onto the harvester, and knew or ought to have known that such activity was dangerous. It is also submitted he failed to have adequate regard for his safety.
Mr Patrick Keane SC, for the plaintiff, said a tractor and the harvester were picking potatoes which were being transferred to a tractor and trailer being driven alongside. Shaun lived about five minutes' walk from the farm. He went to the farm and spoke to a man walking behind the harvester. He was allowed to mount it and stayed there for 5 to 10 minutes and then went to the cab of one of the tractors. Then he got into the cab of the tractor pulling the harvester and got on to the harvester again. Part of his anorak got caught in the machine and his right arm was dragged into it.
The hearing continues.