The case brought by Vanderiei Jacinto de Figuerdo, an ex-worker of an abattoir, has been rejected by the High Court. He claimed to have suffered injury from an animal kick 15 years prior. However, Mr Justice David Nolan pointed out an unacceptable, unjustifiable delay on Mr de Figuerdo’s part in advancing his 2011 case against his previous employer – Kepak Athleague and Kepak Group Limited.
Mr Justice David Nolan stated that allowing the lawsuit to continue would unduly disadvantage Kepak, as there is a “distinct potential of memory decay” related to the supposed incident in 2009. He also noted the financial pressure on the company, which had designated funds to cover the claim.
Mr de Figuerdo, a Brazilian who has resided in Ireland for at least 15 years, stated that he was positioned at the termination of the slaughter pen at Kepak’s Athleague operation. He chastised another worker for permitting another animal into the pen before removing the one already there on May 6, 2009. This new animal was said to have kicked him on the thigh, causing him to trip and sustain an injury. However, these allegations were denied.
Due to the late initiation and slow progression of his injury lawsuit in the High Court, the case of Mr de Figuerdo was disputed. Kepak put forth a request for dismissal of the case in 2021, due to lack of prosecution. The company claimed that several individuals with firsthand knowledge of his employment, methodologies, training, and guidance had left. Kepak stated they couldn’t locate them to testify at trial.
The judge further noted that a decade has passed since Kepak requested Mr de Figuerdo’s health records, which remain undisclosed. The legal representative of Mr de Figuerdo proposed that the delay was not excessive, and if it was, there were excuses for it.
Mr Justice David Nolan pointed out a significant delay between the initial proceedings and Kepak’s filed defence in 2017. In summary, he considered Mr de Figuerdo’s delay to be unreasonably long, unexcusable and that judicial balance warranted the dismissal of the case.