By Paul Neilan

The family of a father-of-two who died after his head was crushed by a meat-packing machine at a processing plant in Kildare has settled for €700,000 at the High Court, in what the judge described as a "very tragic case" .

Fifty-four year-old Binak Cokaj, an Albanian national, died after a work accident on May 14, 2020.

He had been inspecting a vacuum-packing machine while carrying out his duties as a quality control and general operative in the boning hall of Kildare Chilling Company, Old Dublin Road, Curraghfarm, Co Kildare.

After Binak Cokaj's death, his wife, Shkurte Cokaj, Julianstown, Co. Meath, took a personal injury action against Kildare Chilling Company, Momentum Capital Projects Ltd - an employment agency with an address at Unit 4B, Clane Business Park, College Road, Clane, Co Kildare - and Sealed Air Limited, Cromwell Road, St Neots, Cambridgeshire, UK, who supplied the machine.

Shkurte Cokaj brought proceedings under the Civil Liability Act on her own behalf and on behalf of other living dependents - her two young children.

Court papers

In court papers, it was submitted that Binak Cokaj was inspecting and cleaning the machine on May 14, 2020, when it "crushed" his head as a result of which he suffered fatal injuries.

As a result of the incident, the deceased suffered "multiple skull fractures and extensive parenchymal brain injuries", it was submitted.

In Shkurte Cokaj's claim, it was alleged that the fatal injuries "were caused and occasioned as a result of negligence, breach of duty, breach of statutory duty, and breach of contract on the part of the defendants, their servants or agents, or both".

At the High Court yesterday (Thursday, November 6), Kieran Fleck SC with Michael McCormack BL, instructed by Daly Lynch Crowe & Morris Solicitors LLP, told Justice Paul Coffey that a €700,000 settlement had been agreed by all parties after mediation.

Fleck said Binak Cokaj suffered "tragic and catastrophic injuries" on May 14, 2020, as a result of which he died in "very traumatic and distressing circumstances".

Fleck said Binak Cokaj had been on minimum wage and was entitled to work and reside in Ireland after his refugee status had been approved by the State.

Justice Coffey noted the settlement and approved the "fair and reasonable" figure of €700,000 which contained €17,500 to be held for each of the Cokajs' two 11-year-old twin children.

Justice Coffey also approved costs for the plaintiff incurred in taking the personal injury proceedings.

Fleck told Justice Coffey that the settlement was without admission of any liability on the part of any of the defendants.

Justice Coffey extended his "deepest sympathies" to Shkurte Cokaj, who was in the court with the assistance of an interpreter, in what he said was a "very tragic case".