Driver loses damages claim against former employer in Tuam

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Galway Bay fm newsroom – A dump-truck driver has lost a 60 thousand euro damages claim against his former Tuam based employer.

Petru Muntian claimed he suffered a severe injury to his back after being told to lift heavy kerb stones onto his vehicle in March 2016.

34 year old married man Petru Muntian, with an address in Dublin but originally from Moldova, alleged he suffered an ‘excruciating injury’ on March 14th, 2016.

It was claimed he was directed by PJ Personnel of Tuam on that date to take his dumper to Sisk’s work yard in East Wall Dublin to collect kerb stones.

He alleged forklift drivers on the site refused to assist him and told him to lift the stones himself – leading to a back injury while he attempted to lift a stone weighing around 70kg.

He subsequently took legal action against PJ Personnel Limited of Tuam and John Sisk & Son Holdings of Clondalkin, Dublin 22 for 60 thousand euro in damages.

However, at the Circuit Criminal Court, Judge Mary O’ Malley said the court had been left with a ‘lot of confusion’ as to the cause and date of the accident.

She found the defendants had provided a safe system of work which had not been obeyed by Mr. Muntian and therefore she could not find any negligence on their part.

A forensic consultant engineer told the court that even an olympic weightlifter would have considered the ‘foolhardiness’ of lifting a 70kg kerbstone chest high.

According to the Irish Times, Judge O’ Malley also offered that she had not been provided with any evidence of the inability of the plaintiff to work.

She ultimately ruled that Mr. Muntian had come into court with an exaggerated and unsubstantiated claim and as a result, she had to dismiss it and award costs against him.