201812.11
0

€30k Compensation after 16-year-old Girl Finds Glass in Jar of Nutella

A teenage student has been awarded more than €30,000 damages in the Circuit Civil Court in relation to an incident in which, she alleges, she swallowed a chocolate spread that had miniscule shards of glass in it.

The girl, 16-year-old Jamie Lee McAdam, took the product injury compensation action through her mother Natasha, against Ferrero UK Limited, Greenford, England, producers of branded chocolate and confectionary products, in this case Nutella.

Presiding Judge Justice Groarke was informed that the incident had changed Jamie Lee’s eating habits and she had lost some weight with recurring episodes of abdominal pain that she experienced. Barrister William Binchy, counsel for Jamie Lee, told the Judge that Jamie Lee ha been offered a personal injury compensation settlement of €31,600 by the defendant. Mr Binchy was was recommending that it be approved by the court.

Mr Binchy, told the court that Jamie Lee had been injured after consuming Nutella spread over a bagel that her mother had prepared for her. While investigating Jamie Lee’s injury her family discovered there were numerous pieces of glass in the Nutella that remained in the bottom of the jar.

The Nutella in question had been produced in the United Kingdom by Ferrero and bought in a sealed jar in an Irish grocer. Mr Binchy said Jamie Lee had become very worried in the hours following the event when she started to suffer stomach pains.  Her mother had called Temple Street Children’s Hospital and had been advised by staff to bring her daughter to the hospital to be seen.

She had been attended to by a Doctor and x-rays were conducted but no fragments of glass had been found and she had been sent home without any further treatment being administered. Jamie Lee was unable to remain in school the next day as she was suffering from further pain. The following day she had experienced pains in her stomach and had to go home from school.

Judge Groarke approved the offer which will remain in court funds until Jamie Lee’s 18th birthday.

201812.05
0

Nite Club Accident Compensation Awarded to Man Following Copper Face Jacks Fall

A Limerick man as been awarded over €80,000 by the High Court after being successful in his personal injury compensation claim for slipping on a wet floor at the Copper Face Jacks nightclub and breaking his ankle in two places.

Colin McNamara, a bar manager from Limerick was in the Dublin nightclub after attending an Ireland soccer at the Aviva Stadium in 2015.

Mr McNamara (aged 36), Sycamore Avenue, Rathbane, Co Limerick had take the nite club accident compensation action against Breanagh Catering Ltd, with offices at Harcourt Street, Dublin, and the owners of the nightclub Copper Face Jacks at Harcourt Street, Dublin, as a result of the accident that occurred on October 9, 2015. In his action he (Mr McNamara) stated that he slipped on a floor which he alleged was wet and represented a slipping hazard to patrons. He went on to say that was an alleged failure to implement  any adequate steps to clean and dry the floor surface. Finally, he claimed that the floor had been, allegedly, allowed to remain wet and slippy and allegedly posed a danger to patrons. As a result of this neglect Mr McNamara, allegedly, slipped and injured himself.

The defendants in the personal injury compensation action denied these claims.

In the evidence he presented in the High Court, Mr McNamara informed the Judge that bouncers came and picked him from the floor and brought him out to a back alley where a member of staff looked at his leg and ankle before advising him that it was not broken.

After being told that the security staff could not call an ambulance, Mr McNamara said he “hobbled away” and got a taxi back to his hotel. AS he was still in a considerable amount of pain when he returned to Limerick he went to hospital where he was informed that he had fractured his ankle. As a result of this he had to have surgery and was on crutches.

Mr Justice Hanna told the Court that he had been given an order of the court giving judgment against the defendant in this case, therefore issues of liability were not an issue. It would have been open to the defendant to

As attempts at resolution were unsuccessful the defendant chose not intervene in court to challenge the medical evidence, as was their right, but instead opted for a legal cost accountant. Due to this the defendant, though not represented, was not deemed to be inactive,

Presiding Judge, Mr Justice Michael Hanna, told the Court that Mr McNamara has suffered a serious and significant injury’ when accounting for the fact that he would be required to be “fleet of foot” in bar manager role. He added that Mr McNamara missed five months of work due to slipping on the wet floor of the nite club.

The appropriate figure of nite club compensation was, the judge said, in this case €80,000 plus special damages of €7,116 to cover medical and other expenses.

201811.20
0

Scald Injury Causing Death Compensation of €54,000 Awarded to Family of Deceased Woman

The family of a 90-year-old woman have been awarded just over €54,000 damages after she died due to scald injuries from a burst hot water bottle .

The court was told that the family were awarded compensation in relation to their own pain and suffering, loss, funeral and travel expenses arising from the tragic death of their mother and granny at a Dublin nursing home.

Legal representative for the family Barrister Frank Crean told Circuit Court President, Mr Justice Raymond Groarke, that the deceased Ms Olive Sheeran experienced extensive scalding of her buttocks, left thigh and calf, heels and ankles when a water bottle burst in her bed.

Mr Crean said the operators of the Deansgrange-based nursing home, SRCW Limited, had agreed to pay the family €54,406 personal injury compensation. He told the Court that Ms Carol Hayes, of Corabally, Ardfield, Clonakilty, Co Cork, a daughter of the late Ms Sheeran, had taken the nursing home compensation action against SRCW Limited on her own behalf and on behalf of her brothers Mark (57) and Conor Sheeran (55) and Ms Sheeran’s grandchildren Adam (18), Jennifer (17), Alexandra (26), and Thomas Sheeran (20) and Peter (28), Matthias (26) and Oisin (23) Hayes.

Ms Hayes told the court, through an affidavit, that she was seeking that the court approve the Injuries Board assessment “in respect of the fatal injuries” her mother, then aged 89, had suffered in an accident at Ferndene on January 6, 2017. Ms Hayes said her mother had been living in the home at the time of her death.

The accident happened when a nurse at the home had visited Ms Sheeran’s room and taken two water bottles away to refill them. One of the refilled water bottles had then been placed next to Ms Sheeran’s feet and burst a little while later, severely scalding her.

Judge Groarke was told that following an investigation all water bottles had been taken out of use at the home and the investigator had advised they should be replaced with coded stock. This stock is to be inspected once a month and replaced every year.

Ms Sheeran had been taken by ambulance to the emergency department of St Vincent’s Hospital where she had been assessed before being taken to the burns unit of St James’s Hospital. Her burns were treated with antiseptic dressings, antibiotics and analgesia. However she (Ms Sheeran) had developed pneumonia and a urinary tract infection and was treated with intravenous antibiotics. She had to stay in hospital for a period of three months when her wounds almost completely healed before she passed away.

Ms Hayes said: “I have been advised by my mother’s plastic surgeon that she suffered a life-threatening injury with a 31pc predicted mortality. My mother died on August 21, 2017.”

Judge Groarke approved the nursing home injury compensation settlement.

201811.01
0

Refuse Worker Awarded €224,000 Work Injury Compensation

At the High Court a factory worker, who fell to the ground and suffered a severe ankle injury when he attempted to free a trapped bin, has been awarded €224,000 damages.

The man in question, Tomasz Zdejszy, was employed at a waste collection business when he suffered permanent damage to his ankle. Tomasz fell nine feet to the ground when the accident occurred in April 2012 at the business park in Blanchardstown, Dublin 15.

Judge Michael Hanna said, while giving judgment, that the 37-year-old man had climbed up on a waste paper container to try and free a bin, which had become stuck, by kicking it. The Judge said that Mr Zdejszy jhad begun to climb down from the position due to becoming afraid of the height. At this point a co-worker handed him a metal bar to assist in dislodging the stuck bin.

In his case against his employer Stewart Foil Ltd,  Tomasz claimed that there had been a failure to ensure the safe and proper removal of an obstacle to waste collection without the necessity of Mr Zdejszy working at a height when, he claimed, it was dangerous to do.

In his work injury compensation claim against Panda Waste Services, he stated that he was expected to remove a rubbish bin on a waste container while working at a height. Additionally, he claimed that he was given an inappropriate implement, a metal bar, to accomplish this task.

In his ruling Justice Hanna found 20 per cent contributory negligence on the part of Mr Zdejszy due to the fact that he did not use sufficient care in relation to his own safety. He deemed that Stewart Foil Ltd were two thirds responsible and Panda Waste Services one third responsible for the accident.

Judge Hanna told the High Court that Mr Zdejszy had suffered a typical injury for such a fall, with a severe fracture of the right side of his foot, extending into his ankle joint. This fracture resulted in arthritis on the joint, which required surgical fusion. He experienced permanent loss of movement in his ankle, a loss of heel height of approximately an inch on the injured side and had been left suffering constant pain.


201810.04
0

Hotel Wedding Dance Fall Leads to Injury Compensation Settlement

A High Court injury compensation settlement has been agreed between a Tipperary hotel and a Clonmel woman after she slipped on petals on a hotel dance floor almost two hours after the bride had thrown her bouquet during a wedding reception

The specific details of the settlement are to be kept confidential and presiding Judge Kevin Cross was told the case had settled and could now be struck out.

Plaintiff Ann White, who lives at Highfield Grove in Clonmel, told the court she was celebrating at the afters of a work colleague’s wedding at the Aherlow House Hotel in September 2012. She slipped on some petals on the dance floor, fracturing her wrist and arm.

Ms White, a 53-year-old child care worker, told the Court that had been a “serious scrum” of about 20 “very enthusiastic” women when the bride threw her bouquet at 12.30am. As a number of ladies pulled at the bridal bouquet of pink and white roses, petals came off and were spread all over the dance floor. Ms White said she decided to dance at roughly 2.30am and her right foot skidded on on the rose petals. Ms White told the Judge that she was wearing stilettos but is is used to doing so.

Due to the injuries Ms White had to have surgery and told the court that she still experiences pain in her arm on daily basis. The Aherlow House Hotel refuted Ms White’s claims, arguing that it was an unfortunate accident which was not foreseeable by the hotel management or staff.

Mr Justice Cross congratulated the parties on reaching the settlement and added that he was very glad to hear it as, in the event of the court making a decision it was open to appeal, which he said taking the scarcity of judges into account would have taken a long time.

201809.22
1

€30k Compensation Awarded to Epileptic Solicitor Denied Request to Work from Home

An epileptic solicitor has been awarded €30,000 from the legal service provider she worked for in relation to its refusal to permit her to work from home.

The woman had made six unsuccessful requests to work from home in total with her employer during the time period between March 2015 and January 2017. She made the request due to suffering a number of acute or ‘grand mal’ attacks. She pointed out to the Workplace Relations Commission that other colleagues have been permitted to conduct their work from home.

In directing the legal services provider to pay the €30,000 to the employee for denying her rights under the Employment Equality Acts, Workplace Relations Commission (WRC) Adjudication Officer Pat Brady stated that there should be a zero-risk approach to a situation where there is a danger of a life threatening event occurring.

The Adjudication Officer referred to the attitude of the employer in denying the staff member in her request to complete her work duties from home whatever argument she used. He (Mr Brady) ruled that the employer’s refusal to make any ‘reasonable accommodation’ for the employee over her home working request was a breach of the Employment Equality Act. Additionally he said that the medical evidence in the case “is not very decisive”.

He reported that anything that will reduce stress will help the worker but that the request to work from home would only make a ‘minimal’ contribution to this.

Mr Brady ruled that the legal services provider did not appear concerned about, or was indifferent to, a danger due to the ‘minimal’ impact assessment, despite the chance of a catastrophic event for the employee. The employer in question advised its employee that it would be ‘very challenging’ were she to work at home and ‘incompatible’ with her official duties. Instead the employer permitted other measures such as a reduction in the working week expected.

The employee advised the WRC that it would create no difficulty to carry out her work from home and that she had ‘huge autonomy’ in relation to the delivery of her duties. She said that she made it known that she was willing to be entirely flexible and respond to business needs as necessary. She also said that the majority of her work is of a preparatory nature and could just as easily be carried out from home as from her office.

Mr Brady said that a company spokesperson visibly shrugging his shoulders at the hearing showed that there was no company view as as to how the member of staff could be accommodated.

201809.11
0

€1,118 Personal Injury Compensation Payout for Woman Mocked because of her Accent

An industrial tribunal has awarded compensation to a woman who was mocked because of her west Belfast accent and also harassed for being female.

The incident occurred at the Four Winds bar in Castlereagh where Caroline Curran was working as an assistant manager. She told the tribunal that she was made fun of and verbally abused due to her background and gender. She alleged that one manager told her she was “not in the Devenish now”, referring to a bar in west Belfast. On another occasion she claimed that a male colleague shouted at her: “Would you women f*** up!… you’re never done moaning.”

Ms Curran said: “I’m a strong person, but I found it extremely difficult to deal with mentally and I can only imagine if it was a younger woman or someone maybe not as strong as myself, what sort of state they would be in? I just didn’t want to let that go or allow them to treat anybody else like that.”

Ms Curran took up the position of bar assistant manager in March 2017, under manager Dermott McGinn and alongside fellow assistant manager Conor Magee. By July that year she raised a formal grievance after becoming unhappy at the treatment she was receiving and told that tribunal that Mr Magee “constantly undermines me in front of staff”.

Ms Curran also filed a complaint in relation to alterations to staff rotas, which she said he lied about causing her to feel “as if I’m going insane, sometimes he lies to me to make me think I’m wrong”. Following this she was signed off sick for two weeks and never returned. However, she attended a grievance meeting in August during which she submitted that Mr Magee made pointed jokes like: “You’re not in the Devenish now.”

Mr Magee denied all of Ms Curran’s claims, saying that “he hadn’t exactly a posh voice himself”, before going on to say that he thought he had the same accent and he was from west Belfast. As the grievance meeting did not hold up her complaints Ms Curran took the matter to the industrial tribunal.

At the tribunal legal representatives for Four Winds said the company refuted Ms Curran’s claims that her gender was an “overarching theme” in her complaints against colleagues and that she did not pursue sex discrimination in her official grievance.

When delivering the final judgment the tribunal said that Ms Curran was, more likely than not, made fun of because of her accent but this was not due to her gender. Additionally it said that her claims of being undermined by Mr Magee were not because of her gender.

On the allegations against Mr McGinn it said this was because of “bad staff management” but gender was not the cause of that. It did find that the comment, “Would you women just f*** up” was a clear occurrence of sexual harassment. The tribunal awarded Ms Curran £1,080 (€1,118) compensation.

201808.09
0

Thalidomide Group Happy with Ruling to Allow Discovery of State Documents

A legal hearing has been adjourned at the High Court until November following the filing of several thalidomide compensation claims.

Producers of the German drug Grünenthal GmbHT, which was introduced t the market as a sedative in Germany in 1957, are facing 26 compesation cases which have been brought brought against them and their Irish distributors TP Whelehan Son & Co, and the Ministers for Health and Environment – all of the whom deny the claims.

Claim have been submitted allegin that the drug caused deformities in unborn children when it was prescribed to their pregnant mothers. The claims relate to incidents that occurred dating back to the 1960s.

The High Court is currently reviewing whether the cases are statute-barred.

At the High Court yesterday the cases returned before Mr Justice Seamus Noonan, who has stated his unease about “the slow pace” of the proceedings. He (Judge Noonan) ruled on several requests issued by the defendants that the plaintiffs further particularise and answer questions about certain aspects of their claims.

The defendants taking the compensation case argue that they require the information from the plaintiffs in order to fully address the claims that are being taken against them. The judge agreed with this assertion and directed that the details smust be provided before  the matter returns before the court for further case management on 7 November.  Additionally Judge Noonan said that  the plaintiffs had a right to seek to discover documents from the State as part of their claim.

When the matter returns before the court in November Judge Noonan is due to deal with other preliminary matters, including the discovery of relevant material and issues over expert reports. Earlier the court was advised that lawyers for the plaintiffs claimed there were difficulties in obtaining medical histories and related files in order to progress the cases.

In a previous statement read out to the High Court, a spokesperson for Grünenthal said the company was “deeply sorry for what happened to those affected by the thalidomide tragedy. It’s important for us that we engage in efforts to improve the situations of those who are still living with the impact of these latter effects. We set up the Grünenthal Foundation to provide benefits in kind and financing for individual projects for those affected. Since its establishment, the Grünenthal Foundation has also approved more than 1,000 applications for individualised support in Germany and internationally.”

A spokesperson told the High Court that the Department of Health “can’t comment on an issue that’s the subject of ongoing litigation”.

John Stack, chairman of Thalidomide Ireland, which supports the claims, said the group was pleased to learn that the plaintiffs had a right to discover State documents as part of their case.

201807.12
0

Dublin Zoo Compensation of €25,000 for Boy who Witnessed Tapir Attack his Young Sister

A 10-year-old schoolboy has been awarded €25,000 in the Circuit Civil Court after he witnessed an attack at Dublin  on his toddler sister by a Brazilian tapir at Dublin Zoo. His parents were also injured as they fought to save their daughter Katie’s life in the incident.

Katie’s parents Daragh Owens and his wife, Patricia, fought off the crazed animal and sustained injuries themselves in the attack that took place in Dublin Zoo on 8th August 2013.

Barrister Francis McGagh, counsel for the family, told Judge Francis Comerford today Tuesday that the children, Katie and Ruairi had been in the tapir cage. Ruari, who is now 15 years old, witnessed the female tapir, which had earlier given birth to a calf, lift his two-year-old sister, Katie, in its mouth and violently shake her. The Court was also told that Ruari’s brother Cathal, who was only six at the time, had also seen the Tapir attack. Both boys, while not physically injured, had suffered significant psychological injury and trauma.

Graphic pictures of the injuries caused in the horror attack had been published in the Medical Journal.

Mr McGagh said the Zoological Society of Ireland, had also made a €25,000 zoo injury compensation settlement offer to Cathal, now aged 11, but Judge Comerford said that from medical reports Cathal seemed to have been more seriously affected by the attack on his sister. Cathal’s settlement hearing was adjourned until the court receives an up-to-date medical report. Personal Injury Compensation claims on behalf of Katie, her mother Patricia Frost, and her father, Daragh Owens, were also currently before the High Court.

Dublin Zoo was ordered to make donations of €2,500 each to both the Jack and Jill Foundation and to the Laura Lynn Children’s Hospice in December 2014 after the Zoological Society was prosecuted on the grounds of negligence in the District Court where the judge applied the Probation Act, thus avoiding a criminal conviction.



201807.11
1

Former Ryanair Cabin Crew Member Awarded €30k Work Injury Compensation

Judge Francis Comerford in the Circuit Civil Court awarded air hostess Laura Albacete, from Manelvidal, Vielha, Spain, €30,000 €30,000 work injury damages against Ryanair yesterday.

The air hostess’ lawyer, Samantha Cruess Callaghan, said she fell from the top to the bottom of an air stairs, operated hydraulically from the rear of the plane, on a wet morning at Cork Airport on February 11, 2012. Ms Albacete suffered the injury during this fall

Ms Cruess Callaghan told the court that Ms Albacete had struck her head and had been knocked unconscious for short duration of time after the incident. After this Ms Albacete (28) said she had been taken by ambulance to Cork University Hospital where she was medically examined and found to have experienced a head injury and a sprained ankle.

After she had been treated Laura decided to fly home to Spain to recover from her ordeal. However, Ryanair had insisted that she pay for her own way home. Despite this harsh stance, Judge Comerford said that it was not an aggravating factor in a €60,000 personal injury claim against Ryanair.

MS Albacete, Judge Comerford was advised, suffered from headaches following her workplace fall and had also sustained a possible post traumatic optic neuropathy. Following a six-month period of recuperation in Spain before returning to work. However this only lasted for a short while before she had to leave her role. The Court was told that Ms Albacete’s dream had been to become an air hostess and in order to achieve this she had taken on work as an au pair in Cork so to become fluent in English.

Judge Comerford said he believed the arguments that the Ryanair plane was in good and proper condition and it had not been negligent of the airline to use it at the time.  Ms Albacete had been injured in an unlucky accident on the stairs which, after the incident, had been discovered  by a number of Laura’s colleagues, including the flight captain, to be wet and slippery. The airline had no knowledge of these wet and slippery conditions before the accident occurred.

Six years after the accident occurred Ms Albacete is still suffering from headaches at least once a month, the Judge was advised via medial reports. Additionally he as advised that she had at least suffered amnesia directly after accident and may have been knocked unconscious.

In relation to the pain and suffering and disruption to her lifestyle he awarded her €21,000 with an extra €9,000 for difficulties she had experienced with her eyes for a short time following the fall.

Ryanair revealed that it is to appeal the award of  the work injury compensation to the cabin crew member. In a released to the media this morning, a spokesperson for the airline said: “We have instructed our lawyers to immediately appeal this decision.”

201806.06
0

Go-Kart Injury Compensation Award of €10k for Schoolgirl

The Circuit Civil Court has awarded €10,000 personal injury compensation against a holiday centre after a 17-year-old schoolgirl’s hair became trapped in the wheels of a go-kart  which resulted in her below-waist-length hair becoming trapped.

The girl Alannah Reddin, of Maple Avenue, Ballybrack, Co Dublin, advised Judge Terence O’Sullivan, through her legal counsel Esther Earley, that lumps of Alannah’s locks had to be cut off so that she could be released from the go-kart’s back wheels. She, Ms Earley, added that Alannah had been trapped for almost an hour as staff attempted to free her before having to resort to cutting the young girl’s hair.

Judge O’Sullivan heard that Alannah,was holidaying with her family at Trabolgan Holiday Centre, Cork, in April 2017 when the accident occurred. Counsel for Ms Earley argued that Trabolgan and Hemway Limited had been responsible for arranging a number of various activities at their premises. However when it came to go-karting they had not given any warnings about the risks involved for those with long hair participating.

Alannah, taking the legal action against the holiday park through her mother Emma Reddin, had not been advised to tie up her long hair. Ms Earley told the Court said that the organisers of the activity should have been able to recognise the danger and the possibilty of the participants’ especially long hair could becoming tangled in the wheels of the go-kart

Alannah, the court was told, had suffered pain in her scalp and had experience migraines  for some time after the accident. However, the young girl did not experience any other lasting problems apart from the duration of time it had taken for her hair to grow back.

Judge O’Sullivan approved a holiday park personal injury settlement offer of €10,000. He said Alannah had experienced a frightening experience and hair loss and he felt the figure was an adequate amount of compensation on the basis that some contributory negligence would have to be taken into account. As Alannah would be 18 on November 12 2018 the judge directed that payment be made directly into her bank account.  Additionally she was also awarded just over €1,000 for incidental expenses associated with her personal injury compensation claim.

201805.07
0

€37k award for Woman in Sexual Harrassment Case

The Workplace Relations Commission (WRC) has awarded a €37,000 payout to a woman who claim that she was sexually harassed and had felt pressurised to massage antibiotic cream into her employer’s back and groin.

The woman, a former food service worker, took a legal action in relation to the the payment of wages, unfair dismissal and sexual harassment against her previous employer. The claims were found to be credible by the adjudication officer presiding over the case. The officer also disregarded  the findings of an investigator, who was hired by the employer, who had found that there was no bullying or harassmen previously.

The woman in question advised the WRC that she was subjected to “ongoing bullying and harassment and intolerable working conditions during the course of her employment which had a detrimental effect on her health and well-being”. It was claimed that she worked 25-30 hours a week but was only paid €200 regardless of the hours that she worked.

Additionally, she advised her solicitor that there had been attempts to bribe her into withdrawing her complaints and also that her previous co-employees were obstructed from speaking out on her behalf. She claimed that she was diagnosed with a mental health condition, and was on medication for depression while employed in the role.

The WRC was advised by a witness that the employer “deliberately belittled and put down the claimant”, while another witness stated it was “common knowledge that the claimant was on medication for her mental health issues and that the respondent was constantly on her back and that she was often crying”.

The case for defence rested on the evidence of an investigator that the employer hired when the woman requested her P45 in September 2015. Despite concerns regarding the impartiality of the investigator the woman agreed to the review being carried out.

The WRC adjudicator upheld the claim of sexual harassment, and awarded the complainant in question €17,450. Overall she was awarded €37,450 sexual harassment compensation.


201803.18
0

Man ‘lucky to survive’ when tree fell on him during storm awarded €165k

A High Court Settlement for falling tree accident compensation of €165,000 has been approved for a man who experienced a number of severe injuries when a tree dropped on him during a stormy.

Mr Justice Kevin Cross was told that John Haskins Junior, now aged 37, ‘lucky to survive the accident which occurred in 2014. Mr Haskins suffered fractures to the spine, ribs and ankle. Due to falling tree incident he spent the two months recuperating in hospital.

Taking the personal injury action through his father Mr Haskins Jnr, from Athy, Co Kildare sued Camphill Communities of Ireland, the operator of a health care center located in  Dunshane House, Brannmockstown, Naas, Co Kildare, due to the traume and physical pain he experienced in the accident that happened on February 12, 2014.

Mr Haskins Jr was attending the health care facility when the accident happened as he has Asperger syndrome. Mr Haskins’ legal representatives advised the High Court that he was passing through the garden of the centre when a mature beech tree fell and struck him. It is argued that the tree was known to be unhealthy and, despite this, was not taken away from the area where it was dangerous to anyone close by. Along with this, they claimed that a supposed failure to maintain, fix or removed the tree or take the necessary steps to minimize potential danger. The area could have been cordoned off or, ideally, the tree would have been cut down.

It was also argued there was neglect in relation to taking any adequate or effective measures to cordone off or secure the area or to have the tree completely taken away.

The claims were denied as, it was argued, the tree was still healthy and did not look in any way unhealthy. The decay in the tree root could only have been detected by a specialist arboriculturist according to the defendant.

Senior Counsel Hugh Mohan representing Mr Haskins, quoted a consultant report for his side which claimed that there was a decay and fungus in the tree and it had led to rot forming in the roots and the wood then becoming degraded and subject to possible fracture.

Mr Justice Cross, in approving the falling tree injury compensation settlement, commented that Mr Haskins had made a fantastic recovery after experiencing multiple major injuries.

201801.25
0

Garda Appeals for Right to Sue for Fingernail Injury Compensation

Garda Noel Callan, who suffered with a disfigured fingernail injury after a patrol car door slammed on the small finger of his left hand while he was tending to a call out, has challenged a refusal to allow him pursue a compensation claim.

The Garda, who was restraining a drunk and violent man at the time the incident occurred, disputes the refusal of the Minister for Justice to sanction a claim under the Garda Compensation Acts because the Minister felt that, based on the medical reports and evidence made available to him, the injury was minor.

Mr Justice Max Barrett heard the challenge to that refusal at the High Court on Wednesday and has reserved judgment.

Legal representative for Garda Callan Richard Kean SC claimed that, in line with the Garda Compensation Acts, a member of Gardai who suffers injury in the line of work is entitled to seek compensation from the courts and gardai are awarded sums in appropriate cases.

However, Garda Callan’s legal team accepted that a Minister must authorise a work injury compensation to be made and is not obliged to do so they feel that the injury suffered was merely trivial.

As the term ‘minor injury’ is not defined in the legislation it led to the issue arising in the legal compensation action. Mr Kean argued that, though the finger injury was not profound or serious, it still should not be classified as a minor injury. He added that, due to this, the Minister’s decision was not sound and did not properly consider the medical reports that were submitted at the initial hearing.

Counsel advised the court that Garda Callan is right handed and received treatment on his left hand’s little finger. He was also absent from work for a week following the incident.

Injuries sustained including a lacerated fingernail bed and his fingernail had to be removed. Due to this the Garda experienced pain over the following eight months including a loss of sensation and tenderness when driving and completing other tasks.

Mr Kean described how Garda Callan suffered the fingernail work injury when was on duty at Swords, Co Dublin, on August 26 2011. According to the evidence, a car door slammed on Garda Callan’s left hand after a drunk man became violent after being arrested in relation to public order offences.

The medical report produced referred to the fact when it grew back the fingernail was irregular and deformed. Garda Callan continues to experience some pain and tenderness, particularly during periods of colder weather.

Counsel for the Minister, opposing Garda Callan’s application claimed that all the initial medical evidence was fully considered, including a medical report stating Garda Callan had essentially recovered from the injury he experienced on the evening in question. Due to this the Minister decided that this was a minor injury concerning the cosmetic appearance of the fingernail.

Judge Max Barrett has reserved judgement in relation to the legal challenge.

201801.20
0

European Medicines Agency Reviewing Use of Epilim

The European Medicines Agency (EMA) is currently reviewing the use of Epilim to treat cases of Epilepsy following a number of report that have linked it to instances of birth defects and disability.

Epilim, a drug which Epilepsy Ireland has urged doctors not to prescribe for new child patients, is currently under review by the European Medicines Agency. Findings of the review are expected to result in new guidelines regarding its use. Epilim is the brand name in Ireland for sodium valproate,

In Ireland, according to official figures released by the Health Service Executive, 1,700 female patients between the ages of 16 and 44were prescribed Epilim during the calendar year 2016. Epilepsy Ireland, and other campaigners, have asked that females being treated with the drug be considered for alternative medications as a precautionary measure.

Issues experienced by Irish using the drug include, along with some reports of spontaneous abortion:

  • Foetal malformation
  • Tumours
  • Spina bifida
  • Cerebral palsy
  • Autisc illnesses
  • Issues with development

Report in France state over 4,000 infants were born with malformations since 1967, when the use of the drug on children in the womb began in that country. Dr Mahmoud Zureik, the scientific director of France’s ANSM, remarked that the results showed that the potential for experiencing significant birth defects was globally four times greater in children born to a woman suffering from epilepsy being  treated with Valproate (Epilim), when compared with woman females who were not treated with the drug.

The Fine Gael Minister for Health Simon Harris is due to meet with Irish mothers of children who are thought to have suffered following being prescribed the drug to treat their own epilepsy.

Epilim is currently being implicated in 40 cases of birth defects and disabilities reported to the Health Products Regulatory Authority (HPRA). Lobby groups are of the belief that this figure might actually be closer to 400 in the 43 years that the drug has been prescribed for treatment of epilepsy in expectant mothers in Ireland.

Once the EMA review findings have been released it is likely that the HPRA will meet to review the use of Epilim in Ireland by doctors.

201711.23
2

€31,000 Car Accident Compensation for Limerick Garda

Garda, and former Limerick hurler, Nigel Carey (46), of Croom, Co Limerick, was injured when the Garda patrol car he was travelling in  was rear ended in October 2010 following a high-speed chase involving a Mercedes car. He has now been awarded €31,000 in compensation for the injuries he sustained in the incident.

Barrister Kevin D’Arcy, on behalf for Garda Carey, said his client had been quite an elite athlete, a hurler, at the time of the crash in 2010. The Garda attended his GP once regarding his neck, shoulder and lower back injuries and was advised to seek physiotherapy treatment

Garda Carey advised the court that the Garda patrol car had been “sent flying” due to the force of the impact. The vehicle was so badly damaged it had to be written off following the incident.

His neck, right shoulder and lower back had been damaged in the accident. He said his shoulder was still restricted but it did not impede his movement too much.

Mr Justice Bernard Barton remarked “the best medical report supporting Garda Carey’s claim for compensation” was supplied by the chief medical officer from An Garda Síochána who had examined Mr Carey on behalf of the Minister for Public Expenditure.

The judge praised Garda Carey’s dedication during the Garda Workplace Car Accident Compensation hearing as he (Mr Carey) had taken only been absent from work for three days following the incident. He added that it was to Garda Carey’s credit that he had not made an issue of his back injury which quickly cleared up.

He had made no attempt to build up more and more medical reports to make more of his injuries than was there.

201711.02
0

Sexual Harassment Claims Made by Healthcare Workers Against Patients

Five members of staff employed in the State healthcare system took sexual harassment claims over the last number of years, claiming they were assaulted by service users, according to details in a report published by RTE in November.

The State Claims Agency has not released specific details about where the alleged abuse happened in these or any other individual cases. The claims relate to incidents that took place between 2012 and 2016 and make up almost half of all sexual harassment claims being handled by the State Claims Agency for the State.

Up until recent days the Agency had declined to release any information on such claims. There have been calls from Fianna Fail and the Oireachtas Justice Committee for the State Claims Agency to publish a detailed breakdown of all sexual harassment claims made against individual public sector bodies. This comes after the initial refusal by the State Claims Agency to publish such a breakdown, by employer and sector, of all the sexual harassment claims which it handles on behalf of the State.

Additionally, The Oireachtas Justice and Equality Committee wrote, in November, to Minister for Justice Charlie Flanagan asking him to back a call for the data to be released for public consumption. Following this the State Claims Agency released a limited amount of information on the number of such claims. However, it did not say where the claims arose from specifically.

In a statement released to the media it said that the State Claims Agency has handled 11 claims of sexual harassment in the workplace, which it said was “referable to three State Authorities, inclusive of all Delegated Healthcare Agencies, in the years 2012 to 2016”.

It also revealed that in six of the cases they’ve handled the alleged assailant and victim are both staff members. In the other five cases they said the person believed responsible for the assault was a service user in the healthcare area and the victim was a member of staff.

The State Claims Agency (SCA) commented “The claims that the SCA handle, of this nature, are claims which are wholly or mainly ones seeking compensation for injury (mental or physical).”

“We also need further information on the manner in which the SCA deals with such claims, how many of the cases end up in court, full details of all the costs incurred and whether the State seeks to recoup any of these costs from the alleged assailant.”


201710.05
0

Tayto Park Compensation of €25k Following Fall

A High Court Action has been settled for €25,000 for a Tayto Park compensation claim after a child fell from a tower and fractured his lower arm in March 2012.

The Court was advised that Conor Bolger, then aged just 8 years old, had to have surgery and pins inserted near his elbow following suffering the fracture in the amusement park accident.

Taking the legal compensation action through his father Brian Bolger, the now aged 13 Conor Bolger of Briarfield Road, Kilbarrack, sued Ashbourne Visitor Centre Ltd,Co Meath trading as Tayto Park due to injuries sustained in the accident that occurred on on March 25, 2012.

Counsel claimed that Conor was playing on a tower in the main playground area, then the main attraction in Tayto Park. The tower, it was alleged, was overcrowded and Conor fell as a result of this. The area that he landed on was, according to Mr Bolger’s legal team, insufficiently covered with protective wood chips and he (Conor) suffered a fracture to his left elbow as a result of this. In the aftermath of the incident Mr Bolger had his elbow in a cast for a month and had pins inserted below his elbow in a surgical procedure.

Additionally, his legal team stated there was believed to have been a failure in providing an adequate inspection procedure that would have seen a raking of wood chips in the playground to plimsoll level which may have provided adequate insulation in the event of an accident like this occurring. 

The claims were denied by Counsel for Ashbourne Visitor Centre David McGrath SC. He stated that Conor Bolger was climbing the tower when he “just fell”. He claimed that there was no criticism of the tower itself.  Mr McGrath stated that Mr Bolger’s family were happy with the proposed settlement despite Conor suffering a serious injury and undergoing a surgical procedure that left him with a scar.

In approving the proposed settlement for Tayto Park compensation, Justice Kevin Cross stated that, following a personal inspection of the scar on Conor’s elbow, it was not “too upsetting”. Mr Cross also took into account the fact that Conor enjoys playing basketball which may have been inhibited by the injury that he suffered.

201611.15
3

Customer Awarded Compensation for a Knee Injury in Tesco

A customer, who fractured their knee when tripping and falling over a six-pack of beer, has been awarded €42,000 compensation for a knee injury in Tesco.

The customer – a thirty-two year old female nurse from Dublin – was entering her local Tesco Metro store in Terenure in January 2014, when she tripped and fell over a six-pack of beer that had been left on the floor by a customer waiting to use the self-service check-out.

The woman was taken to St James´s Hospital by ambulance and her left knee x-rayed. The x-ray revealed a fracture and the woman – who had previously undergone reconstruction surgery of the same knee – had to undergo two further surgeries and two and a half years of physiotherapy treatment.

Consent to conduct an assessment of compensation for a knee injury in Tesco was denied by the store, and the woman was issued with an authorization to pursue her claim through the courts. The hearing to determine liability took place last week at the Circuit Civil Court.

At the hearing, Mr Justice Raymond Groarke heard that Tesco´s was denying liability because the claimant had tripped over a brightly-coloured package of beer that had been placed on the floor just seconds before her accident. There was nothing that could have been done, Tesco´s argued, to prevent the accident.

However, the judge also heard that the layout of the Terenure branch of Tesco Metro meant that customers entering the store had to navigate through any customers waiting to use the self-service checkout. The judge commented that, if a better system of customer traffic control had been applied, it would have prevented this accident from occurring.

Judge Groarke found in the claimant´s favour, initially awarding her €60,000 compensation for a knee injury in Tesco, and then reducing the award by 20% to account for her contributory negligence. The judge said it had been an especially nasty fracture and it was still symptomatic almost three years after the accident.

201611.02
0

Passenger Awarded Compensation for an Accident at Tara Street Station

A passenger, who fractured his shoulder in a fall between a train and the platform, has been awarded compensation for an accident at Tara Street station.

The passenger was travelling on an Irish Rail train from Dun Laoghaire to Connolly Street in Dublin on 2nd August 2012, when he mistakenly got off of the train at Tara Street. On realising his mistake, the passenger turned quickly to re-board the train, but slipped and fell through the gap between the train and the platform.

The passenger – a fisherman from Dun Laoghaire – was able to climb back up onto the platform, get on the train and continue his journey to Connolly Street. On his arrival at his destination, he reported the accident to a member of staff. The following day, he attended St Michael´s Hospital complaining of a pain in his right shoulder, and an x-ray revealed a triple fracture.

The passenger applied to the Injuries Board for an assessment of compensation for an accident at Tara Street station. Irish Rail declined to consent to the assessment and the Injuries Board issued an authorisation for the passenger to pursue his claim through the courts. The claim for an accident at Tara Street station was heard last week at the Circuit Civil Court.

At the hearing, Mr Justice Raymond Groarke was told that, despite there being “probably more CCTV cameras at Tara Street Station than there are at Pinewood Studios,” there was no recording of the accident. He also heard Irish Rail argue they could not be liable for a passenger who injured himself because he failed to look where he was going.

Counsel for the passenger said once he had purchased his ticket, there was an obligation on Irish Rail to provide safe transit and that obligation had not been met. Drivers were supposed to warn passengers to mind the gap and, despite there having been eleven previous incidents of passengers falling between the train and the platform in the past five years, no warning was given.

Judge Groarke found in the passenger´s favour – commenting that Irish Rail had an “absolute requirement” to warn passengers to mind the gap. The judge added that, although the passenger may have been distracted by getting off of the train at the wrong station, he agreed the passenger should have taken more care for his own wellbeing. The judge awarded the passenger €50,000 compensation for an accident at Tara Street station, but reduced it by 50% to account for the passenger´s contributory negligence.

201610.28
0

Appeal against Health Club Injury Compensation Award Dismissed

An appeal against a €30,000 health club injury compensation award, made in favour of a woman injured in a swimming pool accident, has been dismissed.

In November 2011, a thirty-two year old guest of the West Wood Health Club in Dublin broke her two upper front teeth when she dived into the health club´s swimming pool and hit her face on the pool´s shallow bottom. The woman claimed health club injury compensation and, in May 2015, was awarded €30,000 by Judge Jacqueline Linnane at the Circuit Civil Court. The West Wood Health Club appealed the award, arguing that the plaintiff had contributed to her accident and injury through her own negligence.

The appeal hearing took place earlier this week before Mr Justice Seamus Noonan, who was told the plaintiff had never visited the club before and had dived into the pool straight after coming out of the sauna. As the pool was a full-length 50 metre pool, she had assumed that – like most pools of that size – the depth of the water would be 2 metres. However, the pool had a single depth of just 1.35 metres.

The judge also heard there were no signs erected to warn guests at the club not to jump or dive into the pool. According to the plaintiff´s counsel, there was no reason for the plaintiff to believe that the pool was not safe. The club´s assertion that a lifeguard was present at all times was refuted by the plaintiff´s own testimony that she had to go to the reception area of the club to report her accident and seek medical assistance as there was nobody by the poolside to help her.

Dismissing the allegations of contributory negligence, Judge Noonan also dismissed the appeal. On hearing that the plaintiff had flown to Hungary to have crowns fitted to her two broken teeth, and that she would require replacement crowns every five to ten years, the judge increase t original award of health club injury compensation to €38,097, and commented the West Wood Club should consider itself fortunate that the plaintiff´s claim was not originally heard in a court of higher jurisdiction.

201609.23
1

New Book of Quantum to Bring Consistency to Personal Injury Awards in Ireland

A revised Book of Quantum is expected to bring consistency to personal injury awards in Ireland when it is published in the next few weeks.

The Book of Quantum is a publication used to assess how much compensation a plaintiff is entitled to for a physical injury sustained in an accident for which they were not to blame. The Book lists a comprehensive selection of physical injuries and assigns each a range of financial values according to their severity and permanence.

As it was first published in 2004, the Book of Quantum has been criticised in recent years for being out of date. Judges, solicitors and insurance companies have sometimes ignored the Book´s guidelines – or automatically defaulted to the highest value in the range – when calculating personal injury awards in Ireland, resulting in inconsistencies in compensation settlements.

Now, after lengthy discussions between the senior judges, the Courts Service and the Injuries Board – and research into 52,000 personal injury awards in Ireland during 2013 and 2014 – a revised Book of Quantum is due to be published within the next few weeks. Those involved in its preparations say the updated publication will bring greater consistency to personal injury awards in Ireland.

As well as updating the financial values assigned to physical injuries, the revised Book of Quantum includes more degrees of severity and permanence. This higher level of granularity will enable judges, solicitors and insurance companies – and, to a degree, the Injuries Board – to more accurately assess personal injury awards in Ireland.

Although the revised guidelines and greater consistency they will bring are to be welcomed, it should be noted that personal injury awards in Ireland are not solely calculated on the extent and permanence of a physical injury. If you have been injured in an accident for which you were not at fault, you may also be entitled to compensation for your emotional trauma or any deterioration in your quality of life. For this reason, you should always seek professional legal advice from a personal injuries solicitor.

201608.20
0

Bicycle Courier Awarded Taxi Accident Injury Compensation

A bicycle courier has been awarded €30,000 taxi accident injury compensation after claims that he contributed to the cause of the accident were dismissed.

In March 2015, Rotimi Omotayo was cycling between carriageways on Custom House Quay, when a taxi driven by Kenneth Griffin pulled out from a line of stationary traffic, knocking Rotimi from his bike.

Fortunately, Rotimi escaped serious injury, but when he applied to the Injuries Board for an assessment of his injuries, consent to conduct the assessment was denied on the grounds of contributory negligence.

The Injuries Board issued Rotimi with an authorisation to pursue his claim for taxi accident injury compensation in court, and the case was heard recently by Mr Justice Bernard Barton at the High Court.

At the hearing, Judge Barton heard witnesses on behalf of both parties testify how the accident happened – the significant issue being if Rotimi had been in breach of Road Traffic Regulations by cycling in the hatched area.

After hearing that Rotimi was delivering to the river side of the Quay, and had every entitlement to cycle in the outside lane before turning right, Judge Barton found in his favour. The judge said that Rotimi had the right of way and was sufficiently close to Kenneth Griffin to give the taxi driver a duty of care.

Judge Barton dismissed the claim of contributory negligence and assigned full liability to Mr Griffin for pulling out into bicycle courier´s path. However, when it came to assessing damages, Judge Barton said he was not going to rely on the Book of Quantum as it was “hopelessly out of date and of little assistance”.

Instead the judge applied the principals of Tort law to award Rotimi €30,000 taxi accident injury compensation for his general damages. With regard to his claim for special damages, Judge Barton said there was insufficient evidence to justify Rotimi´s alleged loss of earnings due to his injuries. The judge allowed “properly vouched and agreed” special damages – including Rotimi´s legal costs.

201607.08
0

Claim for an Accident at Dublin Zoo Resolved at High Court

A woman´s claim for an accident at Dublin Zoo has been resolved following a hearing at the High Court and an award of €105,000 injury compensation.

In June 2011, forty-three year old Gwen Kane took her family to Dublin Zoo to celebrate the birthday of her youngest son. As she was pushing her son in his buggy alongside the sea lion enclosure, Gwen slipped on a manhole cover that was still wet from the previous night´s rain and fell, dislocating her right ankle.

Gwen – from Firhouse in Dublin – was taken to hospital, where her ankle was put into a plaster cast. The cast remained in place for seven weeks, after which Gwen was on crutches for a further nine weeks until her ankle had fully healed. Despite being able to discard the crutches, Gwen still experiences pain in her ankle.

Gwen applied to the Injuries Board for an assessment of compensation but, even though the Zoological Society of Ireland consented to the assessment, the Injuries Board figure was contested. Gwen was subsequently issued with an authorisation to pursue her claim for an accident at Dublin Zoo through the courts.

At the subsequent hearing at the High Court, Mr Justice Anthony Barr heard that the Zoological Society of Ireland had agreed it had been negligent by failing to clear rainwater away from walkways and viewing and that, as a consequence of her accident, Gwen was unable to continue her hobbies of Breton folk dancing, cycling and long-distance walking.

Judge Barr awarded Gwen €105,000 in settlement of her claim for an accident at Dublin Zoo – commenting he was satisfied Gwen had given a fair and accurate account of the consequences of her accident. In addition to the settlement for her pain and suffering, the judge also awarded Gwen €9,988 special damages to account for the financial cost of her injury.

201605.25
0

Claim for Slipping on Wet Leaves at Work Resolved in Court

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.

201604.23
0

Pony Trek Injury Claim for Compensation Settled during Court Hearing

A pony trek injury claim for compensation, made by a woman who alleged she was given an unsuitable pony to ride, has been settled during a court hearing.

On 15th July 2013, Maria Gray (35) from Belfast was one of a party of friends celebrating a hen weekend by taking a pony trek at Feeney’s Riding School in Thonabrocky near Galway City. After the group had done some trotting, the friends made their way down an incline.

It was at this point that the legs on Maria´s pony – “Chancer” – buckled, and Maria was thrown onto the tarmac. Maria suffered several injuries in the accident and received stitches for a cut to her chin, which have left a visible scar.

Maria – a dentist by trade – also suffered an injury to her wrist. The injury deteriorated and Maria had to wear a splint for eight weeks, during which time she was unable to work and had to undergo physiotherapy.

After seeking legal advice, Maria made a pony trek injury claim for compensation against the owners of the riding school – Gerard and Siobhan Feeney. In her claim, Maria alleged that the pony she had been given to ride was unsuitably small for a 10 stone 5lb woman, 5 foot 8½ inches in height and that it was “on its last legs”.

The Feeney´s denied that Chancer was too small for Maria to ride and contested Maria´s other allegation that she had been given no instructions on how to ride the pony. Due to the dispute over liability, the Injuries Board was unable to conduct an assessment and Maria was given an authorization to pursue her pony trek injury claim for compensation in court.

The case opened last week before Mr Justice Raymond Fullam at the High Court. However, prior to the second day of the hearing, Judge Fullam was told that the pony trek injury claim for compensation had been settled for an undisclosed amount and the case could be struck.

201602.24
0

Judge Approves €17,500 Settlement of Clothing Injury Claim

A judge has approved the €17,500 settlement of a clothing injury claim made against designer label company Ralph Lauren in favour of a five-year-old girl.

Shortly after her birth in April 2010, Amelia Duhy was bought a Ralph Lauren dress and pants combination as a gift from the Brown Thomas store in Dublin. When she was aged ten weeks, Amelia´s parents – Robert and Julie Duhy from Drogheda in County Louth – took their daughter on holiday and dressed her in the designer label combination.

One evening, as Amelia was being prepared for bed, Julie noticed red welds on her daughter´s outer thighs. On the family´s return home, Julie took Amelia to her GP, who dismissed an allergic reaction and referred Amelia to a consultant plastic and reconstructive surgeon. The plastic surgeon identified the welds as “secondary to a tight constriction band”.

Once the cause of the marks had been identified, the dress and pants combination was examined by an expert in the technology of elastic fabrics. He determined that the elastic used in the garment was twice as powerful as would be recommended for an adult. Julie subsequently sought legal advice and made a clothing injury claim against Ralph Lauren Ireland Limited.

The designer label company entered a full defence against the clothing injury claim; but, as Mr Justice Raymond Groarke was told at the Circuit Civil Court, also offered a settlement of €17,500. The judge also heard that, for two and a half years, Julie had to massage Bio oil into her daughter´s thighs until the marks eventually disappeared.

After hearing that the Ralph Lauren New York brand had been stitched into the Chinese-manufactured dress and pants combination, but that the elastic had never broken Amelia´s skin – and the wounds had never wept – Judge Groarke approved the settlement of the clothing injury claim and closed the hearing.

201602.01
1

Dublin Bar Injury Compensation Claim Settled at High Court

A Dublin bar injury compensation claim has been settled at the High Court in favour of a woman who dislocated her thumb in a slip and fall accident.

On May 28th 2011, Sharon Kelly (44) from County Offaly attended a thirtieth birthday party at the Arc Café Bar on the Fonthill Road in Dublin. Shortly after midnight, Sharon crossed the wooden floor in the lobby area to go to the bathroom, slipped on some liquid spilt on the floor and dislocated her thumb as she fell.

In pain from her injury – which has left her with a loss of sensation in the tip of her thumb and a reduced pinch grip – Sharon sought legal advice and made a Dublin bar injury compensation claim against Lackabeg Limited trading as the Arc Café Bar, alleging that there had been a failure to monitor the floor surfaces and take corrective action when a risk of injury was identified.

Lackabeg Limited denied liability for Sharon´s injury, and contested the Dublin bar injury compensation claim on the grounds that the bar had a comprehensive cleaning system in place. The owners of the bar alleged that Sharon had been drinking at the party for more than five hours and was wearing four-inch heels at the time of her accident.

With liability contested, the Injuries Board issued Sharon with an authorisation to pursue her Dublin bar injury compensation claim in court. Consequently, the case was heard by Mr Justice Anthony Barr at the High Court.

During the hearing, Judge Barr was told that the liquid on the floor could either have been caused by a patron spilling their drink or water being walked out from the ladies toilet. The judge accepted the evidence of two other women that the toilets in the public bar had been in poor condition that night and complaints were made to bar staff.

The judge also reviewed CCTV footage of Sharon´s slip and fall accident, and heard that the bar had been particularly busy that evening due to a two-for-one drinks promotion to promote a televised Champions League football match. The judge said he was satisfied that there was liquid on the wooden floor where Sharon slipped and fell.

Awarding Sharon €90,000 in settlement of her Dublin bar injury compensation claim, Judge Barr said: “People cannot be expected to look at the floor when walking across a bar. She was entitled to expect that the floor was dry and it was safe for her to walk across it.”

201601.13
0

Compensation for Emotional Shock during a Mock Armed Robbery Approved by Judge

Two settlements of compensation for emotional shock during a mock armed robbery have been approved by a judge at the Circuit Civil Court.

Eight-year-old Casie and eleven-year-old Abbie Kennedy were shopping with their mother in the Dundrum Shopping Centre in March 2013, when they heard a man swearing at the staff in the H&M shop – ordering them to open the till and get on the ground.

Trapped in the shop´s changing room, and unaware that they were witnessing part of a training exercise, Claudia and her terrified daughters stayed in the changing room until the shouting stopped. Only then did Claudia look outside the door of the changing room; but, unable to see anything, she kept the girls in the changing room until she could hear voices in the shop.

Claudia escorted the sisters into the store and asked the manager what had happened. Angry that nobody had thought to check for the presence of customers in the changing room before staging the mock armed robbery, Claudia rang the H&M head office in England to complain.

Unhappy with a curt apology and the offer of a €30 voucher, Claudia claimed compensation for emotional shock during a mock armed robbery on behalf of her daughters. In her legal action against H&M Hennes &Mauritz (Ireland) Ltd, Claudia alleged that Casie and Abbie had feared for their lives and the life of their mother during the incident.

H&M Hennes &Mauritz (Ireland) Ltd made offers of compensation for emotional shock during a mock armed robbery to Casie (€8,000) and Abbie (€10,000). At the Circuit Civil Court, Judge Rory MacCabe heard the family was willing to accept the offers and, after hearing that Casie and Abbie continued to suffer nightmares as a result of their experience, the judge approved the settlements.

201601.02
0

Mother Files Claim for a Child being Scalded on an Aer Lingus Flight

A woman from New York has filed a claim for a child being scalded on an Aer Lingus flight after her son was burned by hot liquid being spilled on him.

The claim for a child being scalded on an Aer Lingus flight does not contain much in the way of detail about how the accident happened, only that the unnamed boy flying from Dublin to JFK International Airport in New York was “injured as a result of scalding hot liquid” on June 30th, 2014.

The boy´s mother alleges that her son´s injuries occurred as a result of negligence by a member of the flight crew – a claim that Aer Lingus denies – and that, as a result of the accident, the boy “was deprived of his enjoyment of life, pursuits and interests and in the future will be deprived on the same”.

Under the Montreal Convention, Aer Lingus is liable to pay compensation for any avoidable injuries that occur during a flight irrespective of how the injury occurred. Negotiations to resolve the claim for a child being scalded on an Aer Lingus flight are scheduled to take place at the end of the month. It is understood that the airline has requested a copy of the boy´s medical records to assess the level of compensation he may be entitled to.

Mediation Continuing in Second Aer Lingus Scalding Injury Claim

The claim for a child being scalded on an Aer Lingus flight is the second claim of this nature that the airline has received recently in the US. Last August, a similar claim was filed in Jacksonville, Florida, on behalf of a ten-year-old girl allegedly scalded by hot tea during a flight from Dublin to Orlando.

The parents of the injured ten-year-old are claiming $75,000 compensation for the burns sustained by their daughter, when hot tea spilled onto her from a cup on which the lid had not been properly attached. The girl – who prior to her accident was a “successful amateur competitive surfer” – suffered burns to her lower torso and thighs and may need plastic surgery in the future.

Although Aer Lingus is again liable for compensation under the Montreal Convention, the airline is disputing the amount of compensation being claimed. Mediation is continuing in this Aer Lingus scalding injury claim in the hope that a suitable compromise can be agreed without the need for court action.

Aer Lingus Flight Injury Compensation Awarded in Ireland

The claims against Aer Lingus in the US for a child being scalded on a flight are not the first that the airline has had to contend with. In June 2011, five-year-old Sophie Gorman from Knocklyon in Dublin was scalded on an Aer Lingus flight from London when a stewardess attempted to place a cup of tea on the table in front of Sophie´s mother, and spilled some of the hot tea on Sophie´s leg.

On her daughter´s behalf, Sophie´s mother made a claim for a child being scalded on an Aer Lingus flight due to the ongoing treatment Sophie had to receive after returning to Dublin and the small pigment irregularity Sophie now has on her leg. In July 2012, a €7,000 offer of settlement from Aer Lingus was approved in the Dublin Circuit Civil Court by Mr Justice Matthew Deery.