A decision has been put on hold in respect of a woman´s loss of eye accident claim after evidence in the case was heard at the High Court.
Elaine Newman (27), formerly of Mullingar, County Westmeath, made the injury claim for the loss of an eye against her partner´s parents, following an accident she had at the family´s farmhouse in Delvin, County Westmeath in June 2007.
The court heard that, as Elaine and her partner Emmett Cogan were entering the house through the rear door, Emmett – who was on crutches at the time – tripped and broke one of the glass panes in the door as he tried to arrest his fall.
As the glass from the window pane shattered, splinters covered Elaine´s face and several entered her right eye. She was rushed to Mullingar Hospital, from where she was transferred to the Eye and Ear Hospital in Dublin, but – despite surgery – doctors were unable to save the eye.
Elaine subsequently made a loss of eye accident claim against Patrick and Marie Cogan under the Occupier´s Liability Act, but Mr and Mrs Cogan denied liability for her eye injury – claiming that her injuries arose from Emmett´s negligence and Elaine´s own contributory negligence.
Elaine – who now lives in Australia with Emmett and their four-year-old son – told Mr Justice Iarfhlaith O’Neill at the High Court that the fitting of an artificial eye had affected her self-esteem and she was constantly worried that she would suffer an injury to her other eye and lose her sight altogether.
However, a report commissioned into the accident concluded that, although there were many unusual features in the description of the accident, the door in which the glass shattered was typical in type and age to farmhouse doors around the country. There was no obligation, the author of the report wrote, to retrofit safety glass in such doors.
After hearing evidence from all parties involved in the loss of eye accident claim, Mr Justice Iarfhlaith O’Neill adjourned the case with judgement reserved for later consideration.