High Court: Commis chef awarded over €74,000 for injuries sustained while blending sauce

About this case:

• Citation:
  [2026] IEHC 287
• Judgment:
  External link
• Court:
  High Court
• Judge:
  Mr Justice Conleth Bradley

Delivering judgment for the High Court, Mr Justice Conleth Bradley was satisfied that the plaintiff had been contributorily negligent in failing to have proper regard for his own safety in working despite a gym injury, and had failed to follow the instructions of a colleague as to the use of the blender.

The High Court was further satisfied that the plaintiff could have returned to work in a role involving less physical labour, and limited his recovery for loss of earnings to two years post-accident.

Jack Fitzgerald SC and Padraig D. Lyons BL appeared for the plaintiff instructed by Smyth & Son Solicitors, and Hugh Mohan SC and Donagh McDonagh BL appeared for the defendant instructed by B.V. Hoey and Company Solicitors. 

Background

The plaintiff was employed as a commis chef in the defendant’s restaurant and bar in Dundalk. Co. Louth. He alleged that on 7 November 2019, he and a kitchen porter were asked to prepare marinara sauce by a junior chef in the kitchen for use at lunchtime that day.

Having been told by another employee to set up outside of the kitchen as it was busy, the plaintiff and the kitchen porter commenced blending the sauce in a confined alcove off an adjacent corridor using a 5kg commercial blender.

The plaintiff claimed that for a period of 15 – 20 minutes, he was required to hold the blender whilst the kitchen porter poured unblended sauce into the pot through a sieve, in a half-squatting position with his knees and back bent due to the position and weight of the blender.

The plaintiff asserted that he had received no manual handling training in relation to these duties and that no risk assessment had been carried out by the defendant.

Having completed the blending, the plaintiff straightened up and felt his back “pop” with immediate pain. His symptoms having failed to improve over a few days, the plaintiff attended the accident and emergency department of Lourdes Hospital and was discovered to have a prolapsed disc in his spine.

As a result of his injury, the plaintiff stated that he was effectively bedridden for two years and required the assistance of his then-partner to wash, dress and clean him after using the toilet as he could not twist or reach behind him.

The plaintiff claimed that his life was completely different after the accident and that he was unable to work as he could not move or lift anything and that his mobility was reduced.

The High Court

Having heard engineering evidence and evidence from other restaurant employees, Mr Justice Bradley found that the plaintiff had established that the defendant was liable to the extent of its failure to comply with its statutory and regulatory obligations in failing to properly train him in relation to the use of the commercial blending equipment and for its failure to carry out a risk assessment of that process.

Noting that a defendant employer seeking to establish contributory negligence “must establish a degree of carelessness akin to gross carelessness or recklessness to justify a discount”, the judge explained that the plaintiff was contributorily negligent in confirming that he was able to work having previously hurt his back in the gym the previous day.

In the circumstances, the court determined that the plaintiff failed to have any proper or sufficient regard for his own safety at the time of the accident and was also negligent in failing to take any sufficient steps to avoid the accident, where he had not adhered to the previous instructions of another employee on the use of the blender.

Finding that the plaintiff was 35 per cent contributorily negligent for the accident complained of, the court then assessed the medical evidence.

Mr Justice Bradley was satisfied that the plaintiff had suffered a soft-tissue injury which could be addressed by weight loss, exercise and formal physiotherapy and that as the chronicity of his condition had “plateaued some 5-6 years after the accident the utility of pain injections as an option, had diminished”.

Having regard to the Book of Quantum, the judge took the view that the plaintiff’s injuries came within the category of “moderately severe soft tissue back injury” with the possible range of awards being between €32,100 to €55,700.

Considering the plaintiff’s evidence that the period of 18 months to two years post-accident were particularly problematic for him in terms of his need for assistance when using the toilet, his reliance on crutches, his pain and his weight gain, the court awarded the plaintiff general damages in the sum of €45,000, reduced to €29,250 for his contributory negligence.

As to the plaintiff’s loss of earnings, Mr Justice Bradley considered that the plaintiff had been earning €450 per week as a commis chef and had not worked in alternative employment since the accident where he claimed that he had no formal educational qualifications.

The court accepted that while heavy manual work was not suitable for the plaintiff post-accident, “it remains the case that the Plaintiff could have sought thereafter – but did not – more flexible employment including, but not limited to, light security work, customer service roles and limited retail or cashier roles”.

In the circumstances, the court determined that the plaintiff’s loss of earnings be limited to a period of approximately two years post-accident, arriving at a sum of €41,815.20 for loss of earnings, subject to any deductions arising from the Recovery of Benefits and Assistance Scheme.

The judge provisionally indicated that subject to the parties seeking to agree an updated schedule of special damages, a sum of €2,987.66 in special damages not including loss of earnings was appropriate.

Conclusion

Accordingly, the High Court awarded to the plaintiff €29,250 in general damages, €2,987.66 in special damages and €41,815.20 for loss of earnings.

Niall Govers v Canurie Limited t/a McGeough’s Bar and Restaurant [2026] IEHC 287