Injury Compensation News

A woman, who allegedly broke her nose in an accident with an automatic door at a wedding reception, has settled her personal injury claim against the hotel and the company who fitted the automatic doors for an undisclosed sum.  

Martina Fivey (41) of Mullingar, County Westmeath, had been attending her sister´s wedding reception at the Mullingar Park Hotel in February 2008 when the accident occurred. Martina had been stood in an open automatic doorway waiting for her husband to join her for a cigarette when one of the doors suddenly closed on her, striking her on the face and breaking her nose.

Judge Jacqueline Linnane heard at Dublin Circuit Civil Court that Martina has a history of nasal problems dating back to 2005 and she had to have the fracture manipulated back into place while under general anaesthetic. The court heard that for several weeks after, Martina´s face was black and blue from both the accident and the surgery and she had to apply a considerable amount of make-up to hide the evidence of her injury.

The two defendants in the case – Euro Plaza Hotels Ltd trading as Mullingar Park Hotel and Boon Edam Ireland Ltd – both denied the personal injury claim but, after hearing Martina´s testimony, Judge Jacqueline Linnane was told that the two parties had reached an undisclosed settlement and that the case could be struck out.

A Garda office, who sustained a shoulder injury during baton training, has been awarded personal injury compensation of 22,600 Euros in the Circuit Civil Court.

Circuit Court President, Mr Justice Matthew Deery, heard that Detective Garda Darragh O´Toole (41) had been part of a group taking part in baton training at the Mount Pleasant Tennis Club in Dublin in October 2008, when the injury occurred.

Detective Garda O´Toole was in a staged fight scenario with an instructor, when the instructor put his left arm in a lock and forced him back against a wall. Mr Justice Matthew Deery was then told how the instructor had continued pressing forward while Detective Garda O´Toole was pinned back – dislocating the Garda´s shoulder through the back of the joint. The injury was so severe that Detective Garda O´Toole was off from work for 14 weeks.

Having sought legal advice, Detective Garda O´Toole brought a personal injury claim for compensation against the instructor and the Minister for Justice, claiming that he still suffered pain and discomfort, and that the injury had prevented him from playing as a senior footballer for  Erin’s Isle GAA club in Finglas, Dublin.

Having rejected evidence from the defence which was contradicted by the medical evidence, Mr Justice Matthew Deery awarded the detective 22,650 Euros in damages against the Minister for Justice, commenting that the instructor should have eased off when Detective Garda O´Toole had been backed up against the wall.

A sixteen year old schoolboy, who sustained deep cuts in his thigh when climbing over a supermarket car park fence, has had a child accident claims settlement of 36,800 Euros approved in the Circuit Civil Court.

Michael Hogan of Firhouse, County Dublin, was just eleven years of age when the accident happened in 2006. Climbing over a supermarket car park fence at the Firhouse Shopping Centre, he caught his leg on a protruding and unprotected nail, which tore a deep V-shaped wound into the inside of his left thigh.

Michael´s injuries were so severe that he had to have a double layer of inner flesh stitched together under a general anaesthetic and, although he has recovered now, will be left with a permanent scar as a reminder of his injury.

Liability for the injury was not contested by the owners of the Firhouse Shopping centre – Colverton Limited – and Mr Justice Matthew Deery heard that the defendants had made a settlement offer of 36,800 Euros. The judge approved the offer, ordering that it should be invested in court funds until Michael´s 18th birthday in March 2015.

A report published this week by the Irish Business and Employers Confederation (IBEC) has revealed that absenteeism is costing the country 1.5 billion Euros each year in lost productivity.

The findings were based on a survey conducted in 2010 in which absenteeism levels in 2009 were examined across 635 companies employing a total of 110,000 people.  It was estimated in the report that 11 million working days were lost annually due to “unplanned” sick days although the report gave no indication of how many of these were due to accidents in the workplace and work illnesses.

Defining absenteeism as an “unscheduled disruption of the work process due to days lost as a result of sickness or any other cause not excused through statutory entitlements or company approval”, the report revealed that high-pressure rewards driven call centres recorded the highest absence rate (3.67%), while software companies had the lowest rates of absenteeism (1.56%). It also cited the main reason given for absence from work was minor illnesses.

However, the figures are much higher than those issued each year by the Health Safety Authority (HSA) in their annual “Summary of Workplace Injury” which, although a more accurate reflection of occupational health in Ireland (the IBEC conclusions were drawn by studying less than one half of one per cent of the workforce), are reliant on employers reporting work injury and illnesses of four or more days to the HSA.

The wide difference between the HSA figures and those estimated by IBEC could be due to an employer´s reluctance to report injuries and illness caused by their negligence. Although claims for injuries at work are declining in the farming and construction industries, those related to falls at work and repetitive strain injuries are on the increase, and if an employer reports injuries which are due to his breach of health and safety regulations, he could be inviting a visit from HSA investigators.

The publication of the report also coincides with a similar Health and Safety Executive release in the UK, which estimated that 560,000 employees in England and Wales took a total of 13.4 million days off last year due to stress in the workplace. Proportionately, it would appear that the situation is far worse in the Republic.

A nightclub patron, who had the top of his ear bitten off in an unprovoked dancefloor attack, has been awarded 40,000 Euros compensation against the owners of the nightclub. Darren Curneen (28) of Clondalkin, County Dublin, had visited the Sidewalk Night Club, Upper O’Connell Street, Dublin, on February 3rd 2002 and was socialising with friends on the dance floor, when he felt a sharp pain from behind. He placed his hand up to his ear and discovered that it was covered in blood and part of the ear was missing. Darren´s attacker was later arrested with blood on his lips and face but, as Mr Justice Peter Charleton heard at the High Court, this had not been an isolated incident as Darren´s attacker had previously bitten another patron´s ear just a few minutes beforehand.
After seeking legal advice, Darren sued Lacefield Taverns Ltd, trading as Sidewalk Night Club, claiming that they owed a duty of care towards him as a patron of their premises and, as the company declined to be represented in court, the case went undefended. Assessing the level of damages to be awarded, Mr Justice Peter Charleton took into account that Darren had suffered pain in the ear for four years after the attack and, although he had been offered plastic surgery to repair the damage, there were no guarantees that any treatment would repair the permanent disfigurement of the ear. When he announced the award of 40,000 Euros the judge added that it was clear the nightclub had a duty of care to those on the premises, and they should have dealt with the attacker and protected their patrons.

A six year old girl has had a compensation settlement approved in the Circuit Civil Court after developing a skin condition due to chemicals used in the manufacture of a sofa.
Mr Justice Matthew Deery heard in court how Holly David of Clonee, County Dublin, was just two years old when her family purchased the sofa in 2006 from Argos Ltd. Holly and her family started to develop skin problems and tingly rashes shortly after the purchase of the sofa, and Holly had to receive medical treatment for dermatitis.
Holly’s family replaced the sofa, which was later discovered to contain the mould inhibitor dimethyl fumarate – a chemical which has subsequently been banned in the EU for use in sofas, and which prompted Argos Ltd to recall the product in 2009.
Holly’s mother, Gabriela, sought legal advice and an application was made to the Injuries Board Ireland for compensation on the grounds of product liability. The Injuries Board assessed Holly’s case and recommended damages of 10,000 Euros – a figure accepted by both Holly’s family and Argos Ltd, but one which had to be approved in court due to Holly being a minor.

Internal documents from the Department of Defence have revealed that almost 6 million Euros is being set aside to compensate members of the defence forces in personal injury claims.
The substantial increase, from the 4.1 million Euros which was paid out last year, is due to an anticipated increase in the number of claims from soldiers who were exposed to the controversial anti-malaria drug, Larium.
The department is already aware of at least 10 cases where members of the defence forces have claimed they developed serious side effects as a consequence of taking the drug, and the extra provision in their budget is to account for any new personal injury compensation claims deriving from soldiers who recently served in Chad or the Central African Republic.
The Department of Defence has also factored into their compensation budget an allocation for post traumatic stress disorder as well as an increase for the most common types of compensation claim – personal injuries arising from traffic accidents, occupational personal injuries, and administrative law cases in areas such as promotion and disciplinary action.
The Statute of Limitations applies to member of the defence forces in the same way as the general public, and soldiers have two years from the date of knowledge of an injury in which to make a claim for personal injury compensation.

Survivors and families of the victims of the plane crash which killed six passengers and injured six more at Cork Airport in February, are preparing to claim up to 100 million Euros in compensation.
The crash, which happened in thick fog, caused the commuter plane from Belfast to flip over and burst into flames on its third attempt at landing. Both the pilot and co-pilot were killed in the accident.
The survivors and dependants of those who were killed are compiling a legal case against the Isle of Man airline Manx2, the Spanish flight operator Flightline BCN and the American manufacturers of the Fairchild Metroliner sw4.
As Ireland is a signatory to the Montreal Convention, the claimants would usually be entitled to compensation from the CAA not exceeding 120,000 Euros per injured person. However legal advisers feel that a more acceptable figure can be attained through court action – citing cases such as the Air France Flight 358 crash in Toronto which was partially settled after 3 years for $12 million.
Manx2 have already denied responsibility, as they claim that they only acted as a booking agent for the flight and that they chartered the aircraft from Flightline BCN. More will be known later this week when the preliminary report into the disaster by the Air Accident Investigation Unit is released.

A teenager who sustained an eye injury when his eye was impaled on an exposed milking machine hook is to receive 110,000 Euros in compensation. Mr. Justice John Quirke heard at the High Court how David Booth, 17, of Stradbally, County Laois was just eight years of age when he sustained the horrific injury in the milking parlour at his family’s farm in April 2002.
Although David has no recollection of the events leading up to the accident, it was claimed that the defendants – Senior Milking Machine Company Ltd and Stradbally Farm Services Ltd, both of Stradbally, County Laois – were negligent on the grounds that the milking machine was not designed and constructed to a safe standard.
The defendant denied the claim, brought on David’s behalf through his elder sister Elaine, and also that they permitted an exposed hook to be present on the machine with no consideration of the hazard it presented. The settlement was approved by Mr Justice John Quirke without admission of liability.

A Limerick man, who sustained a broken leg after an assault during a soccer match, is to receive a 100,000 Euros compensation payment in a civil settlement.
Limerick Circuit Criminal Court heard how Mr Hooman Reyhani (43) was competing in a six-a-side soccer game organised by the University of Limerick (UL), when he was attacked in an off-the-ball incident by University professor Dr Frederic Royall (53).
In a bizarre incident, described by Judge Carroll Moran as “disgraceful”, Dr Royall punched Mr Reyhani in the face causing a facial laceration and the victim to fall awkwardly – fracturing his leg in two places.
As a result of the assault which occurred in August 2007, Mr Reyhani – a self-employed engineer – has to wear an ankle brace and is house-bound; unable to enjoy simple pleasures such as a walk in the park with his son.
Binding Dr Royall to keep the peace for three years, Judge Carroll Moran heard that the compensation payment of 100,000 Euros had been agreed by the lawyers for both men in the High Court before the criminal case for assault was finalised.