Man sues over tree-felling incident on farm

A man who was helping a friend to cut down a tree suffered a severe crush injury when the tree fell on him, the High Court has heard.

Anthony Sayers was tended to by a doctor as he was trapped under the tree for 45 minutes, Jeremy Maher SC said. He had to be given morphine and oxygen as efforts were made to free him, counsel said.

Mr Sayers (65), Watergate, Fethard, Co Tipperary, was helping a friend fell the 70ft tree when the accident occurred.

He has sued Tom Hayes, a dairy farmer, of Rathcole, Fethard, as a result of the accident which happened on September 12th, 2013, on Mr Hayes's property. He claims a mechancial excavator that Mr Hayes was controlling moved the tree, causing it to fall on Mr Sayers.

He alleges failure to ensure the area where the tree was to fall was safe and that he was permitted to be in a position of danger.

The case is before the court for assessment of damages only.

Opening the case for Mr Sayers, Mr Maher said his client suffered a very serious injury to the pelvic area and had to have multiple operations in hospital afterwards.

Mr Sayers was in “ferocious” pain, had to wear a type of brace until January 2014 and later had to use a wheelchair and zimmer frame, he said. He has pain and difficulty dressing and was unable to drive until a year after the accident.

The case before Mr Justice Anthony Barr continues on Thursday.