A health and safety officer with a private firm was badly injured when a tree fell on him while site clearance works for the M3 motorway were disrupted by “eco warrior” protesters, the High Court was told yesterday.
Patrick Hurley, Charlemont Square West, Bessbrook, Co Armagh, is suing his employer, Health and Safety Services Training and Consultancy Ltd, Newmarket, Co Cork, over the incident at Lismullin Woods, Tara, Co Meath, on January 9th, 2007, along with Meath County Council, as highway authority; Midland Fencing Ltd, of Moate, Co Westmeath, a fencing and tree felling firm; and tree fellers Seán and Brian Delamere, Old Longford Road, Mullingar. The defendants deny the claims.
In a pre-trial application, the council asked High Court president Mr Justice Nicholas Kearns to dismiss or stay the action on grounds Mr Hurley did not show discernible cause. This was rejected and the costs were awarded against the council.