202007.04
0

Cork City Fall Compensation of €11,000 Awarded to Woman

A woman with a history of unfortunate accidents involving bad falls has been awarded €11,000 in relation to the injuries sustained in a fall at the junction of Lagan Grove and Shannon Lawn in Mayfield on November 13, 2015.

The accident happened at 10.30am and result in injuries to the knee and shoulder of the plaintiff, Ms Elizabeth Butler.

During proceedings Barrister James Duggan, acting on behalf of Cork City Council, questioned Ms Butler in relation to compensation claims made by her, and other members of her family, in the past. He suggested to to Ms Butler that many of these claims were of a similar nature.

60-year-old Ms Butler – with an address at Gweedore Avenue, Mayfield, Cork – responded from the witness box at Cork Circuit Court by asking Mr Duggan: “Did you ever fall, did you?”

Mr Duggan answered saying: “I have stumbled and fallen on occasions and I got up and I said to myself, wasn’t I the eejit not to be looking where I was going.”

Upon further questioning Ms Butler told the Court that said she had fallen and injured herself as the “The city is in an awful state” and that the accident was not her fault.

Mr Duggan informed  Judge James O’Donoghue said that, including this claim, the plaintiff had brought a total of five compensation claims over the years and made special reference to one claim 30 years ago. Ms Butler had not made this court known to the court. However, she stated that this was as she had no recollection of it.

In delivering his judgement Justice O’Donoghue was critical of the how Ms Butler behaved during proceedings. He said: “Ms Butler does not help herself by her attitude.” At this point Ms Butler move to interject from the body of the court during the judgement and the Judge advised her to “be careful how you answer me.”

The Judge informed Ms Butler that Mr Duggan had to, in his role as barrister, question her in relation to the compensation  filed herself and other members of her families previously as there has been many recorded incidents where “clusters of families are bringing claims.”

He went to say: “I do believe you had an accident but you are not helping yourself. Your attitude to Mr Duggan about your family propensity to bring claims left a bit to be desired.”

Justice O’Donoghue awarded Ms Butler €11,000 in street fall compensation for her injuries sustained in the fall.

Mr Duggan queried if there had been any any finding of contributory negligence by the plaintiff in relation to the claimant maintaining an adequate lookout before the accident. The Judge said that he had not due to the condition of the ground where the accident occurred. He said that “the corporation have left themselves open to be sued.”

202006.25
0

Roundup Compensation Claims to Be Settled as Bayer Agrees to Pay $10.9bn

In the US German drugs and pesticides maker Bayer has agreed to pay as much as $10.9bn to settle thousands of legal actions that were taken as, it was claimed, the use of the weedkiller Roundup was leading to users developing cancer.

Of that settlement figure up to $5 billion will be paid out during 2020, with a further $5 billion to be paid out during 2021. This will be financed largely from the company’s existing free cash flow and the proceeds of the sale of its Animal Health business in 2019. Bayer also revealed that three cases that have already gone to trial will not be covered by the settlement.

This follows more than a year of talks and will result in Bayer addressing approximately 75% of the current Roundup-related compensation claims. Bayer had originally inherited the legal actions when it bought out Monsanto in 2018. This settlement includes approximately 125,000 filed and unfiled claims in total.

Former Roundup users claim that glyphosate is responsible for their non-Hodgkin’s lymphoma and other cancers. However, Bayer denies that glyphosate is a carcinogen and this contention is supported by the U.S. Environmental Protection Agency. As recently as this week a federal judge in California ruled that companies cannot be forced to place warning labels on glyphosate-based products.

The settled cases over the use of Roundup and other glyphosate-based weed killers account for about 95% of those currently set for trial. In relation to the compensation settlement Bayer chief executive Werner Baumann said: “The Roundup settlement is the right action at the right time for Bayer to bring a long period of uncertainty to an end.”

In addition to this it was revealed that the group will be making an overall payment of  around $8.8-$9.6 billion to settle the current Roundup litigation. This figure includes $1.25 billion to support another class agreement in relation to possible future litigation and another allowance that will take into account unresolved claims.

Bayer, whose management in April regained shareholder support for its handling of the litigation, has refuted allegations that Roundup or its active ingredient glyphosate can lead to cancer, saying that many years of independent studies have indicated the product is safe for human use. The group said it expects to maintain its investment grade credit ratings and intends to keep its dividend policy.

Settlement mediator Ken Feinberg stated that, even though nearly 25,000 claims remained unsettled, there will be additional trials as cases settle in coming months. He said: “Bayer wisely decided to settle the litigation rather than roll the dice in American court.”

Monsanto introduced Roundup to the market during the 1970s. Bayer has committed to continue selling the weed killer and will not be voluntarily placing a cancer warning label on the product.

202006.03
0

Axa Commit to Paying Restaurant Compensation Following French Court Ruling

A Paris court ruling last month resulted in insurance company Axa making the decision that it would paying out most of the business interruption compensation claims from a number restaurant proprietors.

The court ruling stated that Axa should pay a restaurant owner two months’ worth of revenue losses that were incurred due to the COVID-19 pandemic. The case has been seen a a potential precedent for coronavirus-related disputes globally.

Axa informed the Court during the hearing that the policies it provided did not incorporate insurance cover for business disruption due to a health crisis. Axa claimed that the policies that it provided did not cover loss of earning due to the emergency lockdown. The proprietor of four well known Parisian restaurants, Stephane Manigold, brought the case against the insurance giant. He claims that he has been contacted by individuals from the United Kingdom South Africa, Spain and the US asking for specific details of their case. He heralded the decision in the case as having ‘global resonance’.

Due to the Paris Commercial Court, Axa France must make an initial payment of €45,000 to Mr Manigold while a court-appointed expert assesses the extent of his earnings. Axa chief executive Thomas Buberl reacted to the ruling saying that, despite the company’s appeal of the Paris ruling, they are hoping to come up with an agreeable solution and plan to meet the bulk of  compensation claims from restaurant owners. He said that the insurance contracts some of the restaurants had with Axa may have some ambiguity in them.

He commented: “These contracts represent less than 10% out of total contracts with restaurant owners and I am confident that we will find a solution. We want to compensate a substantial part of these contracts, we want to do it quickly.”

AXA also revealed that it will be providing an extra €500m in business aid for small firms, along with their previously shared plans to invest €1.7 billion in domestic French firms. Buberl said: “The idea is clearly to reinforce those companies which are weakened by this crisis”.

Some other French insurance companies have also committed to paying out business interruption loss claims filed by some of their policy holders, depending on the terms of their specific contracts. Generali France, for instance, has shared a public statement that it will be make payments to 600 hospitality firms.

There have been no indication, as of yet, that Irish restaurants submitting legal actions linked to the the COVID-19 pandemic.

202005.17
1

Scouting Ireland Fear Legal Compensation Claims due to Child Abuse as early as 2018

It has been reported that the Scouting Ireland organisation, which was rocked last week with the publication of a damning report that revealed a systematic failure to prevent child abuse and protect its members, was informed in 2018 that there was a strong possibility that the group would face financial ruin due to related compensation claims.

Former board chair of Scouting Ireland, Aisling Kelly, was speaking to a room of senior volunteers from the group on December 10th, 2018, when she informed them that there was a chance that legal actions submitted against the organisation linked to “extensive, prolonged, and at times organised child sexual abuse”. She went on to say that such legal actions could “sink the organisation” if large numbers of abuse victims sought compensation from Scouting Ireland.

Her fears were based on the massive compensation settlements, in other jurisdictions, in relation to child abuse and scouting organisations. As recently as February 2020, the Boys Scouts of America declared bankruptcy following a number of legal actions related to law for alleged child abuse. It was also reported in The Irish Times Scouting Ireland recently agreed a compensation settlement of more than €100,000 for a man who alleged he was sexually abused when he was a member of the CBSI as a young boy. Scouting Ireland has set aside a fund of €2.5 million to cover the costs of legal claims and cases from survivors.

This comes following the publication of a report last week in which child protection expert Ian Elliott revealed the outcomes and recommendations following the review he was commissioned to complete by Scouting Ireland. It unveiled the extent of the historic abuse at the scouting groups and described how the act failed to act in the interests of the young members.

Along with the release of the report, Scouting Ireland issued a public apology to the victims. Scouting Ireland ChairAdrian Tennant claimed that since learning of the abuse scandal Scouting Ireland had attempted to “own” responsibility for facing up to the past failings.

The report described the culture of the scouting groups in Ireland showed widespread “cronyism” and a lack of adequate governance. This, it claimed, led to cases of child abuse not being reported to the proper authorities. Scouting Ireland was labelled a “seriously dysfunctional organisation”, with “sex offenders dominating the leadership for decades”. The report said that there was a “systematic failure” of the organisations to maintain appropriate records of reports of alleged child abuse allegations.

It has been reported that the Government is now investigating if a a statutory inquiry into the past abuse needs to be conducted.


202004.06
1

Post-Traumatic Stress Disorder Compensation Award of €87,000 for Woman Involved in Car Crash

A compensation award of €87,000 has been approved for a woman who developed post-traumatic stress disorder (PTSD) after she witnessed the partly decapitated body of a motorist involved in a bus crash.

Lisa Sheehan developed moderately severe PTSD and had to leave her hairdressing job two years after the accident occurred as she felt unable to continue in the position. Mr Justice David Keane awarded her €87,238 compensation in relation to the incident. The 36-year-old married mother of two from Banteer in north Cork, took the legal action against Bus Éireann and FBD insurance which provided cover for the deceased motorist.

She told the judge that experiences nightmares and flashbacks, her condition placed great strain on her relationships and she continues to have counselling and medication. She alleged that this suffering was caused due to the negligent operation or control of both the bus and the car. Bus Éireann denied negligence while FBD admitted the accident was caused by the negligence of the deceased car driver. However, both defendants claimed that Ms Sheehan’s psychiatric injuries did not give rise to any cause of action recognised by the law and they did not owe her a duty of care.

When the accident occurred on January 28, 2017, Ms Sheehan was driving home from work in Cork city following work. When she was approaching Mallow her car struck some debris and she came to a stop. It was at this time that she discovered the damaged bus and the severely damaged car which had hit it close by. When she went over to the the car she discovered “a badly disfigured and partly decapitated body”.

She called the emergency services and began looking in searching the surrounding area for others who might have been involved in the accident but she found no one. She searched the other areas close by and found the bus driver whose face was covered in blood.

In relation to the legal arguments that the defendants were making, the judge said the law on primary/secondary victims is far from settled in this jurisdiction. He added that, while in his view nothing turned on that division in this case, he was satisfied Ms Sheehan was a primary victim as her car had been struck by debris from the crash.

202004.02
1

Family Take Legal Action in Relation Kerry Holiday Tragedy

A potential €700,000 holiday fatal accident injury compensation action has been submitted by the family of a woman who died when her pony and trap smashed onto rocks at the Gap of Dunloe.

The personal injury compensation action is being taken against Kerry County Council in relation to the death, in the accident, of Rosalyn Joy Few and partner, Normand Larose, at a location about two miles from Kate Kearney’s Cottage on Apr 9, 2018.

Legal Counsel for for Ms Few’s daughter, son-in-law and grandchildren first submitted a claim against the council with the Personal Injuries Assessment Board in August 2019. However, as this mandatory PIAB process did not produce a satisfactory result the matter will now go to full trial.

The case is due to be heard once normal service resumes after the Covid-19 crisis, which has led to restricted court services. A Kerry County Council spokesperson said: “It is the policy of Kerry County Council not to comment on existing or ongoing legal proceedings.”

Solicitor Adrian Hegarty, on behalf of Ms Few’s family said that his team are planning to issue proceedings as soon as possible due the trauma suffered by the family members as a result of seeing their “mother/grandmother/mother-in-law” killed on the side of a road. The deceased couple was on a family holiday with Ms Few’s daughter, Tonya Tier, son-in-law Bill Walthers and grandchildren Caitlin (15) and Gavin (8) at the time that the accident occurred.

Mr Hegarty said: “I will be issuing proceedings as soon as the courts re-open fully. There are two aspects of the claims — nervous shock and fatal injuries, loss of dependency. There is a claim being brought by the estate for Joy Few, and a claim in respect of the estate of Norman Larose.”

Ms Few (64), of Phoenix, Arizona, and Mr Larose (62) were thrown off the narrow road with the pony and they fell, with the cart, 20 feet down the ravine and crashed into rocks.

Ms Tier and her husband arrived at the scene shortly afterward as they were traveling in another trap behind while the couple’s children were traveling in a trap of their own. The entire family was present as emergency workers rescuers, frantically tried to lift the cart off the stricken couple.

The inquest heard that when pony men, aided by emergency worker Mr Walthers, got to the couple, Ms Few was already dead and Mr Larose was ‘breathing heavily’ at the time. His heart was no longer beating when the card was removed and paramedics administered CPR for about 40 minutes in an attempt to revive him.

Garda collision expert, Sergeant Jim O’Brien, informed the inquest into the accident that he was of the opinion that pony carts, like the one in the accident, should have brakes installed.

He said that: “A barrier would be more effective (than a sign). And brakes on pony traps would be effective.”

The amount of fatal accident compensation that could be paid out is calculated in two parts. FIrstly there is a statutory compensation amount, which is set at approximately €35,000. There is also additional compensation calculated on the basis of “loss of dependency”.

Typically €40,000 to €50,000 for each claimant is awarded in relation to nervous shock claim. However this could go up as high as €100,000. Finally there will be legal expenses on each side to be taken into account and this could be as high as €200,000.

202003.25
0

More Time Needed as Creche Assault Case is Adjourned Until June

Additional time to continue deliberations on a number of outstanding charges in a creche assault case has been requested by the jury in a case where a childcare worker is accused of sexually assaulting four girls in a Leinster crèche.

Last Monday the jury in the case was unable to come to a number of verdicts, despite acquitting the man on three other charges relating to the first girl, and acquitted of both charges in relation to the fourth girl. The jury then informed Judge Elma Sheahan that it would like more time to deliberate on the remaining charges against the 29-year-old man, who cannot be named to safeguard the identity of the children.

The man had entering a plea of not guilty in relation to 23 counts of sexually assaulting the girls at the crèche on dates ranging to August 2014 and December 2016, when they were aged between five and eight years old. The prosecution claimed that accused man in question  had sexually assaulted the girls, who were all part of a “small circle of friends”.

However, legal counsel for the accused man say that the case was “marked by its failure to listen to the children” and that the man had been left “utterly devastated” by the false allegations made against him.

Yesterday at Dublin Circuit Criminal Court yesterday the trial told Judge Sheahan that it was unable to reach verdict in relation to the remaining 18 counts of sexual assault after deliberating for 21 hours and 41 minutes.

Judge Sheahan then opted to adjourn the trial until June 16 and thanked the jury for their service while remanding the man on continuing bail.


202003.19
0

School Camp Compensation of €55,000 Awarded to Boy who Cut Knee on Tree Stump

At the High Court a child injury compensation action has been settled for €55,000 for a boy who cut his knee when he fell on a tree stump at a mid-term camp.

The accident in question occurred what Diarmuid O’Connor was just 10 years of age. He was attending the mid-term camp during the break from school when he was exploring an area of bushes. The court was told that it was during this exploration that the accident happened.

The claim was awarded against the operators of the camp, Artzone Ltd. They were responsible for the running of the art camps during February 19, 2016. The camp was being conducted at Taney Parish Hall, Dundrum, Dublin.

Judge Justice Garrett Simons was informed that Diarmuid had wandered off during break during break time. He was accompanied by some friends, as he did so, and they decided to go into a part of the camp that was quite bushy. It was here that he fell. when the alarm was raised employees of the came cam eot the scene. They removed the accompanying boys away from the scene of the accident and called for a ambulance to attend the scene.

As he was giving his approval for the child injury compensation settlement, Mr Justice Garrett Simons said the young boy has been left with a scar. In addition to this, he is now apprehensive about wearing shorts, like most boys his age when the weather is warmer during the summer months.

Diarmuid took the personal injury compensation claims via his mother Jacinta O’Connor. Diarmuid is now 15 years of age and live at an address in Ashton Avenue, Knocklyon, Dublin,

Justice Simons referred to the agreed settlement as a satisfactory one and and made reference to the fact that a trial could have been problematic when the issues of supervision and how the young boy was permitted to walk off, unsupervised, with friend were considered.

202002.26
1

Creche Sexual Assault Trial for 29-Year-Old Man Begins

A childcare employee accused of sexually assaulting four girls in a creche was concerned about children sitting on his knee as he felt it made him “vulnerable to complaints”, his trial has heard. It is alleged that the man, on dates between February 2015 and December 2016, assault the group of girls 23 times. The individual in question had entered a plea of not guilty in relation to the accusations that have been registered by the girls who were aged between five and eight-years-old at the time of the assault.

Dublin Circuit Criminal Court was informed on Monday that a performance review carried out by the creche in September 2014 said the man had an “excellent relationship with the children. Children of all ages hang on to your every word and in some cases hang on to you physically.

The man is standing trial in relation to ten counts of sexual assault in relation to the first girl, eight in relation to the second girl, three in relation to the third and two in relation to the fourth. The offences are all alleged to have occurred in different places at the crèche and on a bus owned by the crèche .

The creche owner agreed with legal representative for the defence. Seán Guerin SC that this was a positive comment in relation to the man’s relationship with the children. She said: “It showed they wanted to be in his company and they enjoyed his company. They had a good relationship with him.”

In order to maintain the anonymity of the children involved, the man’s identity and the name of crèche cannot be revealed by the media. Prosecuting Counsel Orla Crowe said the man was first given a tole in in the kitchen of the crèche in 2013. However, not long after this he started to work with after-school children. In December 2016 was was relieved of this position as he had not attained the required level of childcare qualification to hold this position. The man’s job included taking children to school in the early mornings and bring them back to the creche after school ended. As an extra duty he supervised the older after-school children. Ms Crowe said an allegation of sexual misconduct against the man was first submitted on 12 December 2016 when one of the girls informed another child who, in turn, advised one of the other creché workers. The child’s parents were made aware of the situation and they contacted the gardaí. The court was informed that these assaults typically took place in an upstairs toilet in the creche. Allegedly, the man repeatedly took the child out of her designated room, brought her down a corridor that had a CCTV camera, took her into the bathroom and sexually assaulted her in an area external to the cubicles. The jury was told this bathroom area is also captured by a CCTV camera, except for an area just inside the door. This door features a glass panel, meaning the man would have been “easily visible” to anyone passing by. The court was told that the d that the children would be available for cross-examination by the defence team over a video link, and videos of previously conduct Garda interviews will be shown to the court during the trial. The children’s parents and the specialist garda interviewers will also be available. The court was advised by the créche owner that the man had no relevant qualification in child care when he started work but had begun his required training. This was standard company policy and the man had completed a one-day child safeguarding workshop. In relation to the man’s suitability for the position the proprietor said that she was of the opinion that it would be good to have a male role model in the crèche. The owner went on to say that legislation had changed and anyone working in a crèche after 31 December 2016 had to have a FETAC level 5 qualification. Due to this fact the man was knowledgeable of the fact that he would not be able to continue his position because he did not have this qualification. On 12 December 2016 the creche owner in the management office when a staff member reported to her that one of the after school students had advised another child that she had been made to kiss the man in the ‘privates’. She told the court that she was no confident on which course of action to follow after hearing this in case it was just a case of some of the children being fanciful. She contacted the parents of the children involved and the next day a father of one of the girls contacted the gardaí in relation to the incident. Due to this the man was told that he was be suspended from his role as there was a serious allegation submitted against him. The trial continues.
202002.01
0

Compensation Claims Submitted in Relation to 1960s Catholic Church Adoptions in Belfast

At the High Court in Belfast the first of what is predicted to be a number of compensation claims in relation to illegal adoptions arranged by the Catholic Church of children born in the Republic of Ireland, has been submitted.  

At present there are 148 believed to have been impacted in adoption incidents like this, a number has grown from 126 when it was first announced by Taoiseach Leo Varadkar 20 months in May 2018. At the time the Taoiseach told the Dáil that the disclosures of the adoptions were just “another chapter from the very dark history of our country” which had “robbed children – our fellow citizens – of their identity”

The plaintiff in this particular case is well known Belfast actor Patrick FitzSymons. Now 57, FitzSymons is an actor who played the character Reginald Lannister in Game of Thrones and also produced the biographical TV movie of Irish comedian Dave Allen, Dave Allen at Peace. He was born to an unmarried couple in Co Clare during the 1960s. His parents, trying to avoid the social stigma of having a child out of wedlock permitted the Catholic church agency St Patrick’s Guild to have him adopted to a married couple in Co Antrim. 

Mr FitzSymons said that his adoptive parents, who have both passed away had “loved me and provided for me as best they could’ and that his “natural parents, my birth mother in particular, had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing”.

During summer 2018, Mr FitzSymons was told by Tusla his births was mistakenly registered between 1946 and 1969 by the Dublin-based St Patrick’s Guild. He has previously talked about the emotional impact both sets of parents endured due to the incident and his initial reluctance to initiate the case.

He said: “When I was contacted by Tusla last summer and told that I was one of the 126 it was clear to me, given the turmoil I and my family had endured over the past two decades, that I should stand up and be counted. But still I agonised about the possible consequences.

“My adoptive parents – both now dead – had loved me and provided for me as best they could. Would I want anything that might reflect badly on them? Of course not. My natural parents – my birth mother in particular – had endured the institutional shaming and disapproval of Ireland at that time to do what she thought to be the right thing.”

He also spoke about how he discovered that he was adopted saying “My adopted mother and I were forever falling out, partly about religion. She possibly felt she had not properly fulfilled her promise to bring me up as a Catholic – because that had been the only stipulation. Rather cryptically, in a letter, I had written something along the lines ‘if you want to talk to kids you should talk to people who have had kids of their own’. I can’t remember what the context of that was. But one evening I was just having a regular visit with her and she asked if I had ever had the intuition that I was adopted. I just said ‘no’ and she said: ‘There’s something I need to tell you’. Well, the bottom fell out of my world. She said it was only fair that I did know. Perhaps she had been planning to tell me anyway.”

The legal firm representing Mr FitzSymon’s case, Coleman Legal Partners, are managing 25 similar cases, at present, and are expecting that number to grow even more. Mr FitzSymons solicitor, Norman Spicer of Coleman Legal Partners. said that the firm is handling a number of cases like this but admitted that there are no plans to apply for a “class action” order because of the complexity of the individual cases.

He said: “There is no provision for the North American-style of ‘class action’ under Irish law. However, a court has discretion to grant an order which may mirror to some extent the other system for a specific case or set of cases. We do not envisage making such an application. These are complex cases involving many different defendants, as a result it is difficult to say how long these cases will take as it depends on all of the parties involved and how quickly responses, replies and motions, and so on, can be turned around. Three years (the estimated time the case will take to process) would not be an unreasonable time frame but this is dependent upon many factors and is really only a ‘ballpark’ estimate.”

 

 

 

 

 

202001.15
0

Cinema Accident Compensation of €40,000 for Schoolgirl

At the Circuit Civil Court Tori McDermott Ellis, an eight-year-old schoolgirl from Loughlinstown, has been awarded €40,000 cinema accident compensation in relation to a fall at a Dún Laoghaire cinema in which she dislocated her knee.

Ms McDermott Ellis was represented in court by Barrister Siobhán Gaffney. Gaffney informed the Circuit Civil Court that Tori  had tripped and fell on an uneven floor surface in the EMC Cinema at the Bloomfield Shopping Centre, Dún Laoghaire. The accident, she informed the judge, had taken place on October 2, 2016.

Appearing in conjunction with Murphys Solicitors, Ms Gaffney told presiding Judge Frances Comerford that Tori, who is now 12 years old, had struck her left knee up against a cup holder that was attached to a cinema seat. After this collision the young girl found that she was unable to get up onto her feet afterwards.

The court was advised that the young girl was rushed by ambulance to Our Lady’s Children’s Hospital in Crumlin. Here was an X-ray was carried out that revealed her left kneecap had been dislocated. Surgeons were able to put her kneecap back into the correct position when the girl was sedated.

In order for the injury to be healed, Ms Gaffney told Judge Francis Comerford that Tori’s left leg had been placed in a cast for a number of weeks. Due to this the young girl was absent from school for a period of that time. In addition to having the cast put in place, Tori also undertook a course of physiotherapy treatments as part of her rehabilitation. Tori, through her mother Mellissa Ellis, had sued Irish Multiplex Cinemas Limited, Dún Laoghaire,

The Judge was informed that Tori, who has an address at Parc Na Silla Lane, Loughlinstown, Co Dublin, had recovered well. Ms Gaffney also remarked to the court that the Injuries Board Book of Quantum places a value of such an injury somewhere between €28,000 and €56,000. She went on to say that, while liability had not been formally admitted in the case, the €40,000 personal injury compensation settlement, had been agreed between all parties before Wednesday’s court application.

The judge approved the settlement together with legal costs involved in the case.

202001.15
0

Girl (16) settles for €70,000 after fall on ‘potholed’ lane near home

At the High Court today, a young girl settled her personal injury compensation action for €70,000 in relation to an accident when she chipped her teeth and sustained cuts to her face when, she claims, she allegedly fell on a pothole and “patched” laneway near her home.

The girl in question, Kristen Liddy, took the legal the legal action against Longford County Council, due to their mandate to maintain the condition of the roadway, as a result of the accident that occurred close to her home in Edgeworthstown, Co. Longford on May 10,2010.

Kristen, who was aged just seven when the accident occured, was crossing a laneway between her home at Devine Crescent and the fire station in Edgeworthstown at the time. Ms Liddy, claimed that she tripped and fell forward onto her face, chipping her front teeth and suffering cuts to her right check, right upper eyebrow and left knee.In order to deal with the injuries she later had the chipped teeth capped. However, despite the medical treatment that she was given she has been left with some minor scarring.

The girl took the personal injury compensation action via her father Frank, Ms Liddy, now aged 16, of Devine Crescent, Edgeworthstown. They sued Longford County Council due to the accident in which she sustained the injuries. Medical reports submitted to the the High Court, completed by those who inspected Ms Liddy’s facial injuries, stated that the scars to her right cheek and forehead had healed acceptably.

At the High Court today, Ms Liddy’s legal representatives informed Mr Justice Garrett Simons that he could give his approval to the €70,000 personal injury compensation settlement offer by the Council to settle the legal action.

The judge commented that the €70,000 pothole accident compensation included €64,112 in general damages with the remainder for special damages and was very close to the full value of the case.

 

201912.12
1

High Court Action Settled for €135,000 in Favour of Dead Woman’s Family

The family of a woman who was killed in a hit-and-run accident have settled their legal action for €135,000 with the Motor Insurers Bureau of Ireland (MIBI) at the High Court.

The court heard today the driver of the car did not stop, absconded and remains untraced since mother of one Caroline Watkins (40) was fatally struck by a car while crossing the road at the Goldenbridge Luas stop on Davitt Road, Drimnagh, Dublin on May 30, 2014.

The legal action claimed that the untraced driver was driving in a dangerous and careless manner and failed to stop, slow down or swerve to reduce the impact of the collision. The claims were denied.

Michael O’ Scanaill SC, with Bonnie Hickey BL represented the Watkins family in court. He told the court that Caroline’s daughter Ella Watkins (16) of Esker Glebe, Lucan, Co Dublin, was only ten years old when her mother died, and was taking the compensation action via her grandmother Ethel Watkins.

The High Court was informed that Caroline’s family were left traumatised due to failure of the driver to remain at the scene and, to this date, remains untraced – CCTV footage of the scene shows Ms Watkins got across half of the carriageway and was moving faster than a walking pace. However, the  pedestrian light was not in her favour and the person accompanying her had not attempted to cross the road. The legal representatives also said that it was of the opinion that the car which struck Ms Watkins was travelling at 55 km /h in a 50 km/h zone.

Previously an inquest into the death of Ms Watkins was told that she had been on her way home to Ballyfermot from a pub. She was with her partner, at about 10.30pm when they decided to walk to Davitt Road to get a taxi. At the Goldenbridge Luas stop, they got to the edge of a pedestrian crossing and waited. However then Ms Watkins walked out onto the road and was struck by the bumper of the car. She then hit the bonnet and windscreen and was thrown forward, landing about thirty feet away on the ground. A postmortem found Ms Watkins died of multiple injuries caused by the impact.

Mr O Scanaill told the High Court that Ella now lives with her aunt and is “an incredible well-rounded individual.”

Approving the €150,000 pedestrian accident compensation settlement in the High Court, Mr Justice Kevin Cross said he could understand the anger, upset and annoyance of the Watkins family where the driver fled the scene and “did not face the music.”

He added that the driver “showed no courage” and remarked that, from watching the CCTV footage, Ms Watkins seemed to be “in a bit of a hurry” and had to cross the road through traffic coming both ways. The red light was against her and she took a chance, the judge commented.

Due to this he awarded €135,000 to Ella, which represents 40pc of the full value of the compensation claim.

201912.04
0

Facebook Moderator Claim Taken Against Social Media Giant

A former contractor has submitted a Facebook moderator claim against the social media platform’s Irish subsidiary in relation to psychological injuries he claims he sustained as a result of the work he was expected to carry out. He says that this work involved viewing ‘extremely disturbing, graphic and violent content’.

Earlier today Chris Gray submitted his legal action to the High Court against the Irish subsidiary of Facebook and CPL solutions, the latter being the company that contracted him to complete the moderation work.

As part of his legal action Mr Gray claims that he suffered psychological injuries as a direct result of the “very disturbing” photographs and videos, including executions, lethal beatings, stonings, whippings, the abuse of children, animal torture and extreme sexual content” that he had to view during his time moderating Facebook content. Facebook uses an extensive network of content moderators around the world. This network of moderators, thought to include 15,000 moderators, is expected to filter through all content published on the platform in order to remove inappropriate graphic content – with a 98% accuracy rating.

53-year-old Mr Gray said that he became aware of a “slow creep” whereby his “personal and political views were becoming increasingly influenced by the insidious content he was required to view.” He added that he experienced difficulty sleeping due to nightmares about the content that he viewed and would often wake during the night “with a fright, concerned not by the content, but by whether or not he had marked it correctly during his shift”.

He claimed that there was a lack of support and training to allow him deal with “what seemed like a relentless flow of extreme and graphic material”. He said that, due to this, his mood was greatly impacted and he could not talk about work-related issues with his superiors in a calm and professional manner.

Mr Gray is being represented Coleman Legal Partners, Dublin, and it is likely that this will be the first of a number of Facebook moderator claims submitted by individuals who allege that they are are suffering from post-traumatic stress disorder. Foxglove, a UK-based not-for-profit group is lending its backing to the legal action and are lobbying to have Facebook address the conditions that the works must operate in.

 

201911.27
0

Home Damage Compensation of Woman awarded €54,000 Due to Oil Leak Incident

At the High Court €54,000 has been awarded to a woman in relation to heating oil which spilled from her neighbour’s tank – causing sufficient damage to result in her having to find temporary accomodation for two years.

Ms Davies took the home accident damage compensation against her neighbour Margaret O’Leary. Ms O’Leary was living in a house on a elevated area to the back of Ms Davies’ home. She (Ms O’Leary) denied she was liable for damages as there had been a settlement for the costs of repairing her home and payments for different accommodation for Ms Davies and her family. She was represented in court by her insurer.

Mr Justice Meenan rejected claims by Ms Davies that Ms O’Leary had deliberately lied to to her when Ms Davies approached her about the spill. He awarded her €54, 204, made up of €12,500 general damages and €41, 704 special damages,

In his ruling Justice Meenan said while Ms O’Leary had not been called to give evidence he was happy that she had acted responsibly when she learned the leak was coming from her tank. The action she took to address this included getting the oil removed promptly and hiring environmental experts to review the damage inflicted.

Ms Davies informed the court the leak took place early one morning after they had been experiencing a considerable amount of rain in  January 2013. She said that she went to Ms O’Leary’s  and spoke her her over the intercom as she (Ms O’Leary) did not open her gate and said she did not have an oil leak but would get it checked as soon as possible. Following this Ms Davies said she witnessed men apparently emptying the tank.

Ms O’Leary, when contacted by Ms Davies, advised her that she was having the oil removed as a precautionary measure and maintained that there was no oil leak. Within five minutes of this conversation taking place Ms Davies received a call Ms O’Leary’s son Jarlath who also assured her “there was no oil leaking and the emptying of the tank was solely precautionary.”

The judge was informed that for the repair work the oil damage required the ground floor to be cut up “like a piece of fudge” so the substructure would not be damaged.

Mr Justice  Meenan dismissed Ms Davies’ claim for aggravated damages as, he found, there was no basis for having included them in the statement of claim.

 

201911.22
0

Girl Awarded €15,000 in following Car Accident in Dublin

€15,000 car accident compensation has been awarded to model and personal trainer Zoe Whelan in relation to a shoulder injury she sustained when a Cherrypicker van backed into her Audi car close to the famous Five Lamps in Dublin.

Ms Whelan was praised by Judge Jacqueline Linnane in the Circuit Civil Court today for having made an early disclosure to the defendant that she had previously settled two road traffic accident compensation claims for €12,500 each.

Judge Linnane said said: “All medical reports were fully furnished in relation to Ms Whelan’s previous accidents before this case came to court. There is no question of anything having been concealed from the defence and I want to make that very clear.”

Counsel for Ms Whelan, barrister John Nolan, was told by Judge Linnane that the court had found her evidence of the December 2017 accident far more compelling than that provided by the two witnesses appearing on behalf of Electsol Services Limited. The testimony provided by these witnesses claimed she (MS Whelan) had driven at speed into the back of its Cherrypicker van which was being used in the repair of street lamps in Dunne Street, Dublin.

Ms Whelan (25), who lives in Newbury Park, Clonshaugh, Dublin, informed the court she had come to a halt behind the Cherrypicker in question. The Cherrypicker had been partly blocking the street and was surprised when she saw its reversing lights come on and move backwards towards her. She went on to say that there was nothing else she could do when she saw the reversing lights come on.

Ms Whelan said: “I was screaming and pumping the horn but it kept coming and crashed into the front of my car. My right arm was fully extended and firmly on the steering wheel as I pumped the horn with my left hand.  When it struck my car my arm was pushed back, injuring my right shoulder.”

In what Judge Linnane described as a vigorous cross-examination by defence counsel, Ms Whelan told the court she did not tell lies, denying defence allegations that it was her who had driven into the back of the Cherrypicker.

Tony Doyle, the driver of the Cherrypicker told Mr Nolan the reversing lights would have come on when he had put the vehicle into reverse but he had not moved it as he did not have an interior rear mirror and had been awaiting hand signals from Mr Leavy. When there had been no signals he had got out and saw there had been an impact.

Judge Linnane said Ms Whelan had told the court her shoulders had been injured in both of the two previous accidents, previously mentioned, and the court accepted the December 2017 incident would not have helped the earlier injuries she sustained.

Ms Whelan had taken the legal action against Electsol Services Limited, of Rathbrack, Killucan, Co Westmeath, and Dublin City Council for which it had been completing sub-contract work on street lights in the Five Lamps area.

201910.15
1

€30,000 Creché Abuse Compensation Award for Boy Featured on RTÉ Documentary

At the High Court a €30,000 creche abuse compensation award has been been settled in favour of an eight-year-old boy who attended a creche mentioned in an RTE exposé on the treatment of pre-school children when he was just a baby.

Lucas Doyle was just two years old what footage of him allegedly being strapped into a chair for two hours at the Giraffe creche, Belarmine, Stepaside, Co Dublin. as shown on the RTÉ programme ‘A Breach of Trust’.

The Belarmine Giraffe creche was one of three premises selected by the RTE PrimeTime Investigates programme to be the subject of an undercover investigation in to the standard of care provided by pre school services within the State in 2013. The High Court was told that, ten days before the RTE documentary was broadcast, the producer and cameraman of the programme came to the boy’s home with footage due to be broadcast. He showed the young boy’s parents the footage from the Belarmine creche which allegedly showed Lucas in a room where children. Along with him being tied into the chair the children are allegedly being shouted at.

Lucas attended the creche in Belarmine between August 2012 and May 2013, starting when he was 11-and-a-half months’ old until he was a year and eight months old. He (Lucas), through his mother Aisling Emmet, took the creche abuse compensation action against Giraffe Childcare Unlimited Company and its managing director Simon Dowling.

In the legal action they claimed that the footage showed that Lucas being allegedly restrained in a chair for two hours on one day. Giraffe Childcare, through the court, informed the boy’s parents that new safeguards had been put in place after the incident. However his parents had sourced alternative childcare and Lucas was reported to have recovered well from any suffering he had to endure.

Mr Justice Garret Simons approved a creche abuse compensation settlement of €30,000.

201910.08
0

Creche Fall Compensation Award of €32,500 for Boy (2)

€32,500 creche fall compensation has been awarded to a two-year-old boy who fell and cut his left eyebrow at Wee Care Limited, Monkstown, Co Dublin in the Circuit Civil Court on Tuesday.

The accident occurred as the boy, Lucas Murphy, was cleaning his hands in a crèche bathroom. Barrister Samantha Cruess Callaghan, counsel for Lucas, told Judge John O’Connor that the boy had been standing on a footstool while cleaning his hands at a sink. He was using the footstool as the sink was too high for him to reach. Lucas is now seven years old.

Lucas, with an address at  Ashgrove, Kill Avenue, Dun Laoghaire, had been standing on a small plastic stool while cleaning his hands when the accident happened and he struck his head on the toilet bowl as he fell from his perch.

Through his legal team and his father, it was alleged that there was negligence on behalf of the creche in relation to the incident and Lucas had been left with a visible horizontal scar on his left eyebrow.

The accident occurred when Lucas, who was aged two-and-a-half at the time, was attending the Wee Care Creche in October 2014. The young boy suffered a great deal of trauma and was rushed to Tallaght Hospital by ambulance. He was then taken to Our Lady’s Children’s Hospital, Crumlin where he was seen to by physicians. They treated him medically using adhesive tape.

Lucas was taken back to the day care unit at the hospital for three further appointments, the last being in January 2015. By that time the wound had properly healed but he had been left with a two centimetre long scar.

The creche fall injury compensation action was taken against Wee Care Limited for Lucas via his father Darren Murphy. The Judge was informed that they believed the accident had happened due to negligence on behalf of the crèche. Wee Care Ltd made a settlement offer of €32,500 damages which Judge O’Connor approved, despite being advised that the boy’s parent believed that it was insufficient. However they were informed by the Judge that given the circumstances, it was a very reasonable offer.

201909.04
1

Widow Awarded €170,000 Wrongful Death Compensation Award in Relation to Husband’s Death

A wrongful death compensation action has been settled for €170,000  in favour of the widow of pensioner Martin Flannery, who died due to carbon monoxide poisoning.

Mr Flannery had been reviewing if petrol generators were powered on to properly heat a newly constructed building for his niece. The house was being heated prior to a first fix airtight test.

However, Mr Flannery was found, lying on the ground, unconscious in the house, which was next door to his own hosue in Mayo, in 2015. An official inquest into the death of Martin Flannery (66)  returned a verdict of accidental death.

Coroner John O’Dwyer said, in returning the verdict, that Mr Flannery was merely helping his brother and his niece by checking on the house when the tragic incident happened. Martin Flannery was discovered unconscious in a room at the back of the property and despite efforts to revive him, he was pronounced dead after being brought to hospital.

In the High Court Mr Flannery’s wife of 42 years, Eileen, submitted the wrongful death compensation action against her husband’s niece Laura Costello and her husband Declan Costello also of Kilkeeran, Ballinarobe, Co Mayo in relation to the accident that happened on September 11, 2015.

It was claimed there was a failure to have any proper or proper system of ventilation in place in the building. Along with it was alleged the house has been allegedly allowed to become toxic with carbon monoxide fumes and to constitute a serious hazard for those that entering the building. It was also alleged that there was a failure to cordon off the house while the generators were in use and until the place had been made safe for people to enter. Legal counsel for the defence refuted all of these claims.

The High Court was advised that, when the accident happened, the house was at first fix stage in construction and had an air tight test scheduled for that day. Before the test could be completed the house had to be heated and two fan heaters and an oil heater were put in situ. These heaters were powered by two petrol generators as electricity had not yet been turned on in the house. Both generators had been running for about an hour the night previous. They had been powered off during the night.

On the morning of September 11, 2015 the generators were turned back on. Mr Martin Flannery had checked in the generators at 10.30am and was due to check on them again after dropping his wife to town. However, when the air tight specialist arrived at the house to carry out the test at approximately 12.30pm he turned off one of the generators.

He noticed a strange smell and became dizzy as he went upstairs in the house and left it immediately. When he went back in he found Mr Flannery unconscious in a room at the back. He dragged him (Mr Flannery) outside tand attempted to revive him. However, Mr.Flannery was later pronounced dead when he was taken to hospital.

Justice Tom Cross gave his approval for the €170,000 settlement in the wrongful death compensation action.

201909.02
0

Public Service Card Data Breach Likely to Result in Compensation Claims

Following revelations that the manner that data was collected during the issuing of Public Services Cards (PSC) was illegal, it appears that there is a good chance that compensation claims will be submitted against the State.

The Data Protection Commission (DPC) has released a report which reveals that the retention of information gathered during the application process was not legal, along with the obligation on the general public to have the card in order to receive certain State services and benefits.

There are already a number of civil society organisations groups who are said to be looking at putting together a class-action style case.When the card was introduced advocacy groups such as Digital Rights Ireland, the Irish Council for Civil Liberties, the UN’s special rapporteur on extreme poverty, Age Action were vociferous with their opposition to it.

After the DPC investigation it was ruled that the operation of the PSC scheme does not adhere with the transparency obligations of data protection legislation due to the inadequate nature of information given, by Department of Social Welfare, to those individuals who were having their data processed. The outcome of this is that the kept in relation to over three million card holders must now be deleted and data processing by the Department, rather that the public body providing the service, must be brought to an end. These tasks must be finished within the outlined timeline or some enforcement measures may be applied against those to blame.

The DPC released a statement which said “Ultimately, we were struck by the extent to which the scheme, as implemented in practice, is far-removed from its original concept,” the DPC said in a statement published on its website. Whereas the scheme was conceived as one that would make it easier to access (and deliver) public services, with chip-and-pin type cards being used for actual card-based transactions, the true position is that no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset. Instead, the card has been reduced to a limited form of photo-ID, for which alternative uses have then had to be found.”

The card was first launched during 2011 in order to help out with the processing of social welfare payments. After this, it was necessary for a number of other services including first-time adult passport applicants, replacement of lost, stolen or badly-damaged passports issued before January 2005, where the person is living in the State, citizenship applications, driving test and driver licence appointments.

In relation to the PSC, Data Protection Commissioner Helen Dixon said: “Any cards that have been issued, their validity is not in question by anything we’ve found in this report. They can continue to be used in the context of availing of free travel or availing of benefits that a person is claiming from the department. She went on to say that this does not mean that it is impossible to issue a single card, or possibly a national identity card that can be used for all interactions with the state.  She said: “No, we’re not saying that at all. We’re saying that if that’s what’s intended or required, there isn’t a lawful basis [as currently set up]. It can’t be the case that a national identity card automatically offends EU charter fundamental rights or EU data protection law because they exist all around Europe. It is a possibility, by carefully laying down the lawful basis for such a card.”

Ms Dixon has asked the Department to publish the report of the investigation in the Public Services Card.

 

 

201908.02
3

Girl (7) Awarded €35,000 Creche Abuse Compensation

A 7-year-old girl who was filmed in 2013 attempting to walk as she was tied into a chair and left unattended to cry during nap time has been awarded €35,000.

Emily Martin was recorded as part of RTE’s first undercover creche expose, She sued Giraffe Childcare and the Health Service Executive (HSE) via her father Jonathan Martin. Emily, from Sandyford, was only 21 months old when the Prime Time documentary was aired in May 2013.

Judge Garrett Simons was informed that Emily had been int he care of the Giraffe Creche at Belarmine Copse, Enniskerry Road, Stepaside, Dublin from the time that she was eight months old. She was moved into into the ‘wobbler room’ shortly after her first birthday. Emily parent’s told the judge that they had reviewed the promotional literature regarding the ‘premium nature’ of the service available in choosing the creché in question.

However, in 2013, an undercover RTE journalist took up a role at the creche, as a childcare worker, and secretly filmed the daily practices for some six weeks. When the footage was aired on May 28, 2013 and showed many of the children being badly treated or handled. These inflicted serious trauma and the children attending the creche.

Emily’s parents informed the judge that they were extremely distressed when they viewed the documentary footage which showed their child tied to a chair and crying holding her toy horse during nap time.

legal representative for Emily and her parents informed the court that she (Emily) was told to ‘go asleep’ over and over again, and that a creche worker threatened her. When the RTE worker attempted to comfort Emily as she was crying, she was told to ‘leave her cry’. Her parents withdrew Emily from the care at the creche upon viewing the documentary.

After Emily moved to the wobbler room, her parents informed the court, she began started having trouble sleeping and would often become angry and would shout. After she was taken away from the the creche this behaviour abated.

It was claimed that the creche had failed to put in place proper precautions for Emily’s safety, had restrained children in chairs in an improper manner and had attempted to put them to sleep in an inappropriate fashion. It was also alleged that the creche management had failed to supervise or train staff properly.

A separate claim taken by the family said that the HSE had not made sure that the creche complied with all child care regulations.

Judge Simons said he was happy to approve the settlement that he was told the defendants had offer, which included meeting the costs of the creche abuse compensation action.

201907.26
0

Legal Cases likely for Hyde and Seek Creche Mismanagement

Child Protection Agency Tusla has revealed that its Social Work Unit is working with the Garda Child Protection Unit at Mountjoy Garda to open an investigation following the revelations uncovered by RTÉ Investigates into standards of care at the Hyde & Seek Childcare chain. Legal cases are a  likely outcome from these investigations.

Tusla has obtained a copy of the secretly filmed television footage from RTE. This footage shows mistreatment and emotional abuse of children by the Hyde and Seek company, among a range of other discrepancies including staff to children ratios, no Garda vetting for new staff before employment commences, poor standards of food and insufficient space allowed between cots for sleep to be properly supervised. Tusla has now handed the tape over to the Gardaí.

Gardaí in two Dublin stations are asking any parents or guardians who have complaints to contact them at Mountjoy Garda Station as they seek to investigate operations at the Hyde and Seek crechés. In a separate enquiry, Gardaí based in Mountjoy are investigating an alleged assault on a young girl at one of the crèches which is thought to have occurred earlier this month. No arrests have yet been made in this case.

Yesterday Tusla announced that it has already initiated official enforcement proceedings against the Hyde and Seek. The owner of Hyde & Seek, Anne Davy, was removed from any frontline activity for the company ahead of the RTE Investigates programme being aired on Tuesday evening (July 24).  The Hyde and Seek Childcare group released a statement on Ms Davy, saying that “in recent months she has occasionally fallen below the standards of our behavioural management policy”. It went on to say that Davy had dealt with children in a manner which was “short, rather than simply direct”.

During the RTE programme Davy is recorded placing children on their stomachs to put them to sleep at one of the chain’s creches and advised one of the undercover reporters that: “This is a business, it’s not a babysitting [facility].” She was also recorded covering a baby’s eyes and she (Davy) blocked the child’s vision despite her hand being pushed away by the child. On another occasion she is shown holding another child down on its stomach for a number of minutes to try and get it to go to sleep. Davy offered to show one of the undercover reporters how to use this as an effective manner of encouraging the children in their care to sleep.

Davy was previously convicted in 2004 following an incident when her staff a North Dublin crechés. left a three-year-old boy on his own at a nearby playground after they had returned to the creché with the other children in their care. Subsequent to this, in 2007, she was convicted for breaking child care regulations such as inadequate child to adult ratios and failing to maintain adequate records. During these years, the company changed name on three occasions.

A group representing parents of the children that attended Hyde & Seek creches revealed their devastation and sorrow at what was revealed in the RTE programme and criticised Tusla for not providing the framework within which regulation breaches could not occur. It read: “Our trust has been betrayed. We call on all parties concerned to immediately address how this happened, and to credibly explain how they will make amends. It appears the current oversight system, even when it detects breaches, is inadequate to ensure the same, similar, or more serious breaches do not occur again.”

In a separate statement released yesterday Tusla said: “We recognise and share the serious concerns the programme raises about the quality of care within these crèches, but more importantly the impact of concerning adult behaviours on children. We have been proactively addressing areas of non-compliance with regulations in these crèches since 2018.”

Concerned parent can contact Mountjoy Garda Station on 01 666 8600.

 

 

 

 

201907.18
1

Starbucks Injury Compensation Award of €85k Award to Girl (16)

A 12-year-old girl who suffered serious burns after hot tea she was carrying under her elbow in a takeawat in a Starbucks spilled on her has settled a High Court action over the accident for €85,000.

Demi Mooney had gone to the coffee shop on Henry Street in Dublin with her grandmother on December 21, 2014, the High Court was told. Ms Mooney’s Legal Counsel, Michael Byrne SC, told the High Court that Demi, who is now 16-years-old, had purchased a cup of tea, a large cookie and a frappuccino. She was carrying the coffee in her left hand, the cookie in her right and the tea between her elbow and ribs when the tea spilled on her, Judge Garrett Simons was told.

Mr Byrne said: “The top of the tea cup shot off, and Demi suffered significant burns and scarring to her forearm.’ He said that liability for the accident had been fully contested in the case”.

In her action, brought on her behalf by her mother, Siobhan Mooney, it was was claimed that she should have been provided with a tray for the hot drinks, particularly as she was a child. However the defendant argues as to whether Demi had been offered a tray to carry the drinks on. Mr Byrne told the High Court: “‘They said she was, she said she was not. But the rule for Starbucks is that you should not give children hot drinks without a tray.”

Mr Byrne informed the Judge that a Starbuck Injury Compensation settlement offer of €85,000 had been made by the defendant. Hwent on to say that, if the case proceeded to a full hearing, there was a chance that a judge could find Demi between 20pc and 25pc responsible for the accident due to contributory negligence.

Judge Simons was informed that Demi was provided with medical assistance, directly after the accident, from a nurse and doctor who were on the premises on the time and they applied a spray to treat the burn. She wa taken to Temple Street Children’s Hospital where she received medical treatments in the Plastics Clinic as well as for occupational therapy.

Demi, Mr Byrne, told the High Court had been left with very significant scarring on her right forearm, which was smooth but obvious, and would be permanent. He added that the plastic surgeon Demi decided not to do any more to minimise the scars, for fear of making them worse. Due to the injuries she suffered, Demi, now has to be careful what clothes she wears, being very careful to wear long sleeves when out in the sun.

Mr Byrne said the book of quantum gave a guide figure of between €75,000 and €90,000 in personal injury compensation for scarring. He added that, as the scars were not on her face, Mr Byrne believed the €85,000, plus legal costs, offered by the defendant, cafe owner Colfee Unlimited Company, was a satisfactory compensation figure.

Mr Justice Simons was satisfied to approve the offer as it would come very close to what a judge might decide the case was worth if successful at trial. The Starbucks Injury Compensation will  be paid into court until Demi turns 18-years-old.

201906.28
0

Young Girl Awarded Compensation due to Cuts Suffered in School Accident

A four-year-old girl who suffered a six centimetre cut to her leg from due to an accident that involved a school bench with a protruding rusty nail has been awarded personal injury compensation €22,500 by Justice Raymond Groarke in the Circuit Civil Court.

Circuit Court President Judge Raymond Groarke heard that Kaoise McNamara, who had an address at Edenmore Avenue, Raheny had taken the school accident compensation action against St Eithne’s National School and St Monica’s Infant Girl’s School for €60,000 damages for personal injuries arising she suffered in the school yard accident that occurred on June 30th, 2008.

Mark O’ Connell, legal representatives for Kaoise, advise Justice Groarke that his client had sustained injuries due to a lateral cut to the rear of her right leg below her knee. He said the nail had been concealed at the back of the bench.

15-year-old Kaoise was brought to a nearby hospital where she had was given a tetanus injection and had her wound cleaned out. The medical team tending to her applied sutures as there had been considerable bleeding. The young girl was also given a prescription of painkillers before being discharged and allowed to return home.

The court heard that when Kaoise, who took the school personal injury accident action via her mother Linda Forristal, was ten years of age before she had become conscious of how the scar appeared to those around here. The court was advised that the young girl was, from that age, conscious of the scar on occasions such as when she was participating in sporting events and also during social occasions. Judge Groarke was informed that, on most occasions like this, Kaoise took the decision to make an attempt to conceal or cover up the cut using trousers or high knee-socks.

Judge Groarke approved the school yard compensation action settlement offer of €22,500 for the young girl.

201906.13
0

Garda Sergeant Awarded €290,000 for Work Knee Injury

A €290,000 work injury compensation settlement has been awarded to Sergeant Donal Cronin who sustained a knee injury during a violent struggle with a prisoner.

Garda Cronin (50) was unable to carry out full policing duties due to his knee injury and end up missing out on possible promotions due to this. The overall figure awarded to the garda was  €286,630 due to incident that occurred when he was involved in the struggle that took place at Limerick Circuit Court on July 9, 2004.

The court was informed Sargeant Cronin had passed examinations required for promotion to the rank of inspector with distinction in 2001. Despite this he was overlooked in both rounds of promotion interview board competitions in 2010 and in 2014.

The court was informed that the Garda was eventually appointed to the role of court presenter. A position that he could carry out despite the difficulties he had due to the injuries he suffered in the struggle.

Sergeant Cronin’s legal representatives alleged that the basis for overlooking his promotion qualifications was the injuries. In addition to this they advised the Judge that he would probably need an operation for a knee replacement within the coming two years.

Among those who gave evidence was a retired chief superintendent said the score Sergeant Cronin had achieved from the interview board for promotion was excellent but the system was “unfit for purpose” as it did not make take into account when a candidate was suffering from a disability.

Refuting the claims on behalf the minister for finance and public expenditure, a sergeant garda said there was no solid reasoning to claim that the injuries suffered on duty were an obstacle to the promotion to the rank of inspector.

He went on to say that it was not uncommon for a candidate coming from an administrative post without major operational frontline experience to be appointed to the post of inspector and that said the promotion procedure was heavily regulated. The interview board could not see a candidate’s medical records as part of the process. He added that just four of 17 sergeants in the Limerick division were successful in their application for promotion to inspector, two of which were for administrative positions.

An estimated figure for Sergeants Cronin’s compensation including future loss of income due to missing out on promotion of €166,630 was provided to the court. In addition to this he was awarded him another €120,000 in general damages due to the serious injury his suffered to his left knee that resulted in physical disability and ongoing pain and discomfort.

Justice Bernard Barton said he was satisfied that if Sgt Cronin reapplied for promotion, his injuries would not be an impediment “to a successful outcome”.

201905.29
0

Ryanair Accident Compensation of €150k for Girl (8) after Spilled Hot Chocolate Accident

A Ryanair Accident compensation claim against, in relation to an eight-year-old girl who suffered second-degree scald burns when hot chocolate fell on her, has been settled for an approved award of €150,000 at the High Court.

The girl in question, American Sriya Venkata Neti, was travelling on a flight from Rome to Krakow with her parents when the hot liquid and the paper cup slipped over her as she tried to take a drink of the hot chocolate.

Sriya submitted the personal injury compensation action against Ryanair through her father Srinivas Neti in relation to the accident that happened on the Rome to Krakow flight on June 25, 2016.

The court was told that she sustained burns to her thighs and buttocks along with some other scarring. Her father, Srinivas, submitted an affidavit to the court, which said that the scarring has now almost healed completely. He also told the Judge that his daughter has made a good recovery and her injuries have much improved.

Sriya’s legal counsel Mr Hugh Mohan SC advised the judge that the girl sustained serious burns.  A medical report handed in to the court said the hot liquid came together on the seat causing extreme burning pain and the child’s mother had to release the child from her safety belt on the seat and her clothing had to be stripped off to stop further burns. Her mother said that daughter’s skin was gone from where the liquid landed on her and blisters formed elsewhere.

After arriving in Krakow the girl was brought to a hospital for further treatment before being transferred to Toronto, Canada where she spent eight days receiving further treatment as an outpatient before she was allowed to return home to California.

in the personal injury action it was claimed that the cabin crew failed to take steps that would have resulted in the burns suffered being worse than they initially would have been. In particular, it was claimed that there was no steps taken to try and cool the burns. Ryanair refuted the allegations that were made in the personal injury action.

Justice Justice Kevin Cross, in approving the  Ryanair accident compensation settlement, told the Court that it must have been extremely painful when Sriya was scalded and also said at the young girl has also been left with bad wounds scarring despite making a good recovery so far.

 

201905.15
0

€60k Caesarean Section Injury Compensation Sought by 15-year-old Boy

A 15-year-old boy who claims that he sustained a wound to his face during when his mother was undergoing a Cesarean section has submitted a €60,000 birth injury compensation action against the master of the National Maternity Hospital and Dr Stephen Carroll, the surgeon who carried out the procedure.

The boy in question, Rory Saunders and his mother Noeleen Saunders, of Silchester Park, Glenageary, told Circuit Court president Mr Justice Raymond Groarke through his legal representative barrister Mark O’Connell  that his cheek was cut at the time during the delivery.

Mr O’Connell told Justice Groarke that the Cesarean section compensation action was due to the consequences of the actions that were taken during Rory’s birth on September 9, 2003. The scalpel used in the clinical procedure by Dr Carroll cut Rory’s left cheek. Once the birth was completed the wound was cleaned and Steri-Strips were put in place.

There is now a permanent 2.5cm scar on Rory’s cheek, which is visible to anyone standing close to him. The wound, Judge Groarke was advised, is more visible during the summer months. In addition to this, the scar has become a source of stress for Rory after he had been on the receiving end of negative teasing and mocking at school and among his friends.

The claims in relation to medical negligence were denied by Dr Carroll, who is a consultant obstetrician and gynaecologist and a specialist in high-risk pregnancies, and the National Maternity Hospital. Plastic surgeon Matt McHugh said that they were of the opinion that the wound was not going to improve in the future.

Judge Groarke was given the medical reports of two eminent consultants into court and was also informed that a birth injury compensation offer of €25,000 had been made.

Judge Groarke said he was not happy with the medical negligence compensation offer before the court and added that one medical report appeared to give “a very blunt view” on the matter. He felt the specialist in question, who had not seen his colleague’s medical report before providing an opinion, should be asked to look over the other medical report to see if there was any new information for him to consider.

The hearing was adjourned until the medical reports had been reconsidered by their both parties.

201904.10
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€30,00 restaurant Accident Compensation for Girl (3) Injured by Table Blown in the Wind

Following suffering a broken nose when a table blew over outside a restaurant, a three-year-old girl has been awarded €30,000 damages in the Circuit Civil Court.

Legal representative for Lily Spratt, who is now five years old, Barrister Ivan Daly said that she had been injured when a table in an outdoors seating area hit her face after being blown in the wind outside an O’Brien’s Sandwich Bar, at Lower Grand Canal Street, Dublin.

Mr Daly told Circuit Court President, Mr Justice Raymond Groarke, that the girl was treated, following the accident, at Temple Street Children’s Hospital where her nose had been repaired. During the procedure Lily had been place under general anaesthetic.

The restaurant injury compensation action was taken against Adleo Limited through Lily’s mother, Emma Kelly, York Road, Ringsend, Dublin 4. Lily has since completely recovered from the injuries that she suffered in the accident that happened during April 2018.

Mr Daly told the court that the young girl had suffered no permanent damage to her nose. He said: “Certainly there is no question of any disfigurement of her nose.” he was recommending that the court accept the settlement offer that was being made by Adleo Ltd.

Presiding Judge Judge Groarke gave his approval to the restaurant accident compensation settlement as he thought it to be a very good offer.

201904.05
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Car Accident Compensation of €75,000 Awarded to Taxi Driver

Dolores McMahon, a 57-year old, take driver, has been awarded just under €75,000 car accident compensation at the Circuit Court following two different accidents she her taxi was written off.

Mr Justice Raymond Groarke said in court that she, Ms McMahon, had displayed admirable courage for going back to work as a taxi driver despite being badly injured in both collisions. Ms McMahon had seen her taxi damaged beyond repair on both occasions and she was awarded personal injury compensation in relation to for her suffering, loss of income as well a compensation for two written off automobiles.

Judge Groarke commented: “This is a lady who was very genuinely and very badly affected psychologically and has suffered quite extensive physical injuries.”

Representing Ms McMahon in Court, Caitriona O’Reilly advised the Justice Roarke that her client had experienced neck and shoulder injuries in the first road traffic accident that took place on December 14 2014. She then experienced a lower back injury in a second road traffic accident that occurred on July 14 2016. Ms O’Reilly added that, on both occasion, the other driver involved had driven into the path of Ms McMahon’s vehicle and later admitted liability.  The accidents that occurred at Old Airport Road, Santry, and Balheary Road, Sword

The personal injury was back before the Circuit Civil Court only for a final assessment of damages in Ms McMahon’s case against the other drivers – Mr Arthur Oliver Ryan and Martin Mann.

Judge Groarke said that he was aware that, following periods of rehabilitation after both incidents, Ms McMahon went back to her taxi driver occupation despite having been nervous.

He awarded Ms McMahon €74,912 road traffic accident compensation,  €46,468 from the first accident and €28,444 from the second crash.

201903.13
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Creche Fall Compensation of €52k Award to Boy (9) Who Broke Thigh Bone

A nine-year-old schoolboy who fractured a bone in his leg at a creche in 2014 was awarded €52,600 creche fall compensation against its the operators of the establishment.

Barrister Ronan Quinn, representing for Ms Andrea Geraghty and her Cillian, from Airpark Court, Stocking Lane, Rathfarnham, Dublin 16, said Cillian was with a group of children taken to the washroom to use the facilities on September 17, 2013, just days after his fourth birthday.

Mr Quinn, who was appearing in court along with Joe Clancy Solicitors, informed the court that Cillian broke a thigh bone due to fall and was restricted in his movement confined for some weeks at home in a right hip spica cast. Andrea told Circuit Court President Mr Justice Raymond Groarke that a light was suddenly switched off and on which startled Cillian and fell in the washroom at the creche.

Cillian was taken to Crumlin Hospital on the day of the accident for treatment. Physicians at the children’s hospital decided to keep the boy in overnight before he underwent surgery the following day.

Mr Quinn informed the court said that, after initial treatment and care, Dr Paula Kelly, consultant orthopaedic foot and ankle surgeon at the Beacon Consultants Clinic, Sandyford, Dublin, recorded a 0.5mm length discrepancy between Cillian’s right leg and his left. However she later noted that this had resolved during subsequent examinations.

Ms Geraghty advised the court through an affidavit that the Personal Injuries Assessment Board (PAIB) had suggested a creche fall compensation award €32,000 for Cillian’s injury. However, she was not happy to accept this. Due to this more settlement negotiations were held between all parties involved and RSA Insurance, on behalf of the creche, had made an new compensation offer of €50,000.

Ms Gerathy told the court that the family had also had to repay a figure of €2,000 to their private health insurers.

Judge Groarke, who said he was happy from Ms Geraghty’s assurances to the court that Cillian had been fully rehabilitated after the accident. He approved the creche fall compensation settlement terms of €52,600.