The social pole of the judicial court of Saint-Brieuc (Côtes-d’Armor) rendered its decision this Thursday, October 14. For the court, there is no inexcusable fault on the part of the employer, the company Nicole Environnement, in the death of Thierry Morfoisse in July 2009.
The latter had succumbed to a cardiac arrest while transporting a load of green algae between the Binic beach and the Launay-Lantic composting platform. A death that had been recognized as a work accident by the courts in June 2018.
“The employer’s fault is characterized”
The family and their lawyer, Me Lafforgue, had again seized the social pole of the court, at the end of 2018, to have the inexcusable fault of the employer recognized.
“If Thierry had been protected, we would not be there today”, assured the lawyer on July 1, just before the hearing. “The employer’s fault is characterized. He absolutely did not respect the security measures imposed on him ”.
Even then, points out the lawyer, that, according to a report from the labor inspectorate, “the employer could not ignore the harmfulness of algae because, for more than five years, awareness campaigns have been carried out”.
No causal link
But, for the social pole, “it has not been shown that such an exhibition [à l’hydrogène sulfuré] could have played any causal role in the occurrence of cardiac lesions ”by Thierry Morfoisse. Consequently, the responsibility of the employer is not retained by the courts.
In June 2016, the investigating judges issued a dismissal order, after the opening of a judicial investigation against X on the count of manslaughter. A dismissal which was already based on the fact that “the existence of a direct and certain causal link between the exposure of Thierry Morfoisse to a possible inhalation of hydrogen sulphide and his death has not been put in evidence “.