The widow of a carpenter who died after a fall while renovating a house in Co Donegal has begun a High Court action for damages. Mr Harry Whelehan SC said Mr Patrick Martin Jordan (40), a father of five, appeared to have fallen 13 feet from a bathroom window while completing renovations at a house near Killybegs.
He said it was claimed his fall and subsequent death were due to the negligence of Mr Jordan's employers, Harvey Brothers Mountcharles Ltd, in failing to provide a safe system of work, proper equipment and scaffolding, and management, supervision, care and control of his work.
Mr Whelehan was opening an action for damages taken by Mrs Ann Jordan, Ardaghey, Inver, against Harvey Brothers Mount charles Ltd, with a registered office at Turrishill, Mountcharles.
It is claimed Mr Jordan was employed as a carpenter by the defendant for several years and that on June 19th, 1995, he was carrying out repairs and renovations to a two-storey house. It is claimed that, while attempting to remove aerial wires protruding from a second-floor bathroom window to the outside of the house, owing to the negligence and breach of duty of the defendant Mr Jordan was caused or permitted to fall to the ground as a result of which he suffered injuries from which he died on June 20th, 1995.
Mr Whelehan said there were no witnesses to the accident, but it appeared Mr Jordan was attempting to cut wires protruding from the bathroom window. It appeared he went outside, placed one foot on the bathroom sill and another on a fire escape and proceeded to cut the wires, then fell.[Q L]
Mr Jordan was taken to Sligo General Hospital and transferred to Beaumont where he died the next day. He is survived by his wife and five children, his parents, seven sisters and eight brothers. Mrs Jordan is seeking damages for mental distress occasioned by her husband's death and special damages of more than £5,000 for funeral expenses and hospital charges.
The defendant denies it was guilty of negligence and breach of duty as alleged or at all or that Mr Jordan died as a result of alleged negligence and breach of duty. It also denies it failed to provide a safe system of work, proper equipment, scaffolding and management, supervision, care and control over Mr Jordan's work as alleged or at all.
If Mr Jordan suffered the injuries resulting in his death in the manner described, which is denied, the defendant claims the injuries were caused by reason of the deceased's own negligence, or alternatively that he was guilty of contributory negligence.
In particular, it is claimed Mr Jordan failed to take any or sufficient precautions for his own safety, failed to use a ladder to carry out the work described, exposed himself to risk of injury of which he knew or ought to have known by stepping over the guard rail of the fire escape, chose an unorthodox and reckless system of work by spanning or attempting to span the space between the fire escape and window sill of the house and failed to follow safe work practices and procedures. It is also denied that the defendant asked Mr Jordan to remove a wire cable in the manner described or at all.
The hearing continues today before Mr Justice Shanley.