A claim for slipping on wet leaves at work has been resolved at the Circuit Civil Court with the award of €25,879 injury compensation to a kitchen assistant.
On 19th November 2012, Ann Groves (58) was walking along a path towards the back entrance of the Baltinglass Hospital when she slipped on wet leaves and injured her ankle. Ann – who worked at the hospital as a kitchen assistant – was able to reduce the swelling with an ice pack and later attended her GP, who strapped Ann´s ankle for support after diagnosing a soft tissue injury.
Unfortunately the pain from the ankle injury continued. Unable to sleep, walk or stand for long periods, Ann sought medical attention from a number of specialists. She underwent sessions of physiotherapy and acupuncture before having a spinal cord stimulated surgically implanted in 2014; which although it helped with the pain, did not resolve the problem completely.
On her solicitor´s advice, Ann made a claim for slipping on wet leaves at work against her employer – the Health Service Executive (HSE). The HSE denied responsibility for Ann´s injury at work, contesting the claim on the grounds that a sage cleaning system was in place at the hospital, and that Ann had contributed to her accident and subsequent injury due to her own lack of care.
With no agreement on liability, the Injuries Board issued Ann with an authorisation to pursue her claim for slipping on wet leaves at work through the courts. The case was heard earlier this week by Judge Barry Hickson at the Circuit Civil Court, who was told that Ann´s accident had occurred early on a Monday morning after a particularly stormy weekend.
The judge found in Ann´s favour and dismissed the HSE´s claims of contributory negligence after hearing evidence from a maintenance engineer who testified that the maintenance team at the hospital started work after the kitchen assistants. The judge awarded Ann €25,879 compensation in settlement of her claim for slipping on wet leaves at work.
A postman, who suffered hand and head injuries when bitten by a dog during his rounds, has been awarded €21,933 in compensation after his claim for a dog bite injury to a postman was resolved in the Circuit Civil Court.
James Coll (50) from Kilcock, County Kildare, had been substituting for the regular postman who made deliveries in Rathcoole, County Dublin, when his accident happened. As he posted the mail through the letterbox of Amanda McMahon and her former partner, Darren Anderson, the couple’s family boxer jumped up to the letterbox from inside the house and bit James on the right hand index finger.
As a consequence of the unexpected attack, James fell backwards and hit his head on the path leading to the house – sustaining damage to a tooth when he fell. After receiving medical treatment for his injuries and seeking legal advice, James made a claim for dog bite injury to a postman against the owners of the dog and against An Post who had not provided any warnings to him about dangerous dogs on the route or trained him on how to deal with such situations.
At the Circuit Civil Court in Dublin, Judge Jacqueline Linnane heard evidence from the postman who regularly serviced the Rathcoole round that the dog would usually just pull the letters from his hand as he put them through the letterbox and from forensic engineer Alan Conlan, who testified that the lack of a backplate or draught excluder on the letterbox would have presented a significant hazard to postmen.
Judge Linnane dismissed the claim for a dog bite injury to a postman against An Post and found Amanda McMahon and Darren Anderson liable for James´ injuries. Awarding James €21,933 in compensation for a dog bite injury to a postman, she also stated that Ms McMahon and Mr Anderson should be liable for the costs An Post had incurred in defending the claim made against them.
A girl, who tripped and fell in a hole due to the alleged negligence of an international construction company, has had her settlement of child trip and fall compensation approved at the Circuit Civil Court.
Kodie Geoghegan Dowdall (12) of Ballymun, Dublin was on her way to visit her aunt in December 2006, when she tripped and fell into a hole which had been dug by the construction company SIAC. Sustaining a cut to her head which has since developed into a permanent scar, Kodie made a child accident claim against the company through her mother.
Circuit Civil Court President, Mr Justice Matthew Deery, heard that SIAC Construction denied that they had been negligent but were willing to offer a settlement of 20,000 Euros in child trip and fall compensation. After hearing that the scar could be treated with excision and resuturing once Kodie turned eighteen, Mr Justice Matthew Deery approved the compensation settlement.
Nathan Clarke of Ballymun, County Dublin, has been awarded compensation of €40,000 in the High Court in a case against Dublin City Council over alleged failure to clean broken glass from a public foothpath outside his home.
The accident occurred in 2001 when Nathan Clarke was seven years old and resulted in extensive injuries to his left hand that required surgery in Temple Street Children’s Hospital.
The case was taken by Nathan’s father Joseph Clarke, who acted as next friend in the High Court case.
It was alleged in court that Dublin City Council had failed to carry out its statutory duty to keep the foothpath clean and that the council was guilty of nuisance by allowing broken glass to accumulate on the pavement in an area used by children to play