An Aer Lingus pilot who suffered a finger injury when a door slammed into him in high winds while on an airlift has been awarded £30,600 in damages by his employer and the operator of Dublin Airport.
Nevertheless, Judge James McCourt told Captain Simon Moody in the Circuit Civil Court today that he was 50 percent responsible for the accident and reduced the award to $15,300 plus costs, telling both defendants they could split the payout equally.
Attorney Pat O’Brien, counsel for the transatlantic pilot, told the court that Capt Moody had just finished inspecting the exterior of his plane before takeoff when a gust of wind drove him through the airlift doorway and hit the plane. safety door against his right index finger.
Mr O’Brien, appearing with Frances E Barron Solicitors, said Capt Moody was taken by ambulance to Beaumont Hospital where x-rays revealed his finger was broken. He was out of work for three months and had sued for €38,000 in damages, including €8,600 in special damages for lost earnings.
Lawyers Fred Gilligan, for Aer Lingus, and Shane English for airport operator DAA, questioned Capt Moody and his forensic engineer, Alan Conlan, about liability for the January 2012 incident under the pre-existing €38,000 Circuit Court jurisdiction.
Capt Moody, of Blackwood Lawn, Ongar, Dublin, said there had been strong gusts of wind as he walked down a ramp through the sky bridge and the door had slammed shut on his finger.
He said there had been a previous incident involving the same door in high winds, but he had not received any warning from either defendant regarding potential safety issues. He said the door was fitted with a door closer, but was nevertheless slammed in front of him and was somehow faulty.
Mr Conlan told the court that the closing speed of the door could be adjusted on the closing mechanism, but that he was not aware of the speed setting on the day of the accident or that it was set correctly.
Judge McCourt said Captain Moody thankfully made a full recovery. The court had no evidence of any particular door defect and Capt Moody had a duty to ensure his own safety.
He said all parties were at great risk in the matter and he did not believe Capt Moody could escape taking some responsibility for what had happened.
He awarded him €22,000 in damages with €8,600 in special damages and reduced the total award to €15,300, the payment of which would be shared by the two defendants on a 50-50 basis.
