The company that was responsible for injuries to Oamaru man Lyndon Kelcher, who was struck by falling glass while at work, has been ordered to pay him $45,000 reparation and fined a further $42,000.
The Oamaru District Court yesterday heard evidence from a statement outlining the long-term impacts on Mr Kelcher’s life since 636kg of glass fell on him at his place of work, Oamaru Glass, a year ago.
The court heard how Mr Kelcher (35), whose walk is now affected, was unloading a glass sheet with Viridian Glass Ltd Partnership employee Galen Koslover from a Viridian truck on December 11 last year.
According to a summary of facts, the process involved a series of manoeuvres to isolate the sheet to be unloaded. However, this was not successful and 13 sheets of glass began to fall towards the two men. They both tried to hold the glass, but quickly realised it was too heavy and attempted to get out of the way. Mr Koslover escaped to the rear of the truck, but Mr Kelcher was struck by the falling glass and knocked to the ground.
The glass crushed the right side of his body and fractured his right humerus, femur and tibia, detached an anterior cruciate ligament in his right knee, caused radial nerve damage to his right arm and grazes and cuts to his right arm and leg.
"I count myself extremely lucky I didn’t lose my life that day."
Viridian Glass Ltd Partnership earlier pleaded guilty to two charges under the Health and Safety in Employment Act, one of failing to take all practicable steps to ensure the safety of an employee, Mr Koslover, and one of failing to take all practicable steps to ensure no action or inaction in the arrangement and delivery of glass at work harmed another person, namely Mr Kelcher, and was sentenced yesterday.
Mr Kelcher’s victim impact statement detailed the pain he had gone through, including the trouble he had as a solo parent to look after his two children during his recovery.
At one point the children went to live with their mother in Wellington while he recovered, and the son chose not to return to Oamaru, it said.
Mr Kelcher’s mother had recently fallen ill, but he could not help her, which upset him.
Judge Joanna Maze said the impact of last year’s incident would have long-reaching effects on Mr Kelcher’s young children.
"You don’t just move young children and expect they will adapt. Mr Kelcher’s missing his son and his son is missing him ... There will be expenses that could be said to be foreseeable ... especially in relation to his children."
Mr Koslover left his job as a result of what he saw and was now overseas, she said.
Viridian Glass Ltd Partnership was convicted on the two charges. The company was fined $42,000 and ordered to pay reparation of $45,000.
