201607.04
1

Judge Approves Caravan Holiday Injury Compensation Settlement

A judge at the High Court has approved a €106,000 settlement of caravan holiday injury compensation for a girl who allegedly cut her leg on a protruding nail.

In August 2009, Shauna Burke was just ten years of age when she was playing with friends near her family´s mobile home at Slattery´s Caravan Park in Lahinch, County Clare. While she was running around near the mobile home, Shauna cut her leg on a nail that was allegedly protruding from a metal box attached to a pole.

Shauna suffered a deep laceration above her knee and, despite receiving medical treatment for her injury, now has a permanent 6cm visible scar. Through her father – John Burke of Corbally in County Limerick – Shauna made a caravan holiday injury compensation claim against Austin Francis Slattery – the owner of the holiday venue.

In the legal action, it was claimed that the nail represented a hazard that Slattery knew about or should have known about as it was located in an area frequented by holidaymakers. Slattery denied liability for Shauna´s injury, but an offer of €106,000 caravan holiday injury compensation was made to account for Shauna´s pain and suffering and the cost of future medical care.

As the caravan holiday injury compensation claim had been made on behalf of a minor, the offer of compensation had to be approved by a judge to ensure it was appropriate for Shauna´s injury. At the approval hearing, Mr Justice Anthony Barr was told how Shauna´s accident was claimed to have happened and of its consequences.

After inspecting the scar on Shauna´s leg, Judge Barr said that the offer of caravan holiday injury compensation was a good one and he was happy to approve it. As Shauna is now seventeen years of age – but not yet a legal adult – the settlement of compensation will be paid into court funds, where it will be held in an interest yielding account until Shauna is eighteen.

201606.24
0

Judge Awards Injury Compensation for a Jogger Hit by Van Mirror

A High Court judge has awarded €134,000 injury compensation for a jogger hit by a van mirror after finding the driver of the van liable for the accident.

Forty-seven year old Donna Woods – a school teacher from Mullingar in County Westmeath – was jogging along the Ballynacarragy to Mullingar road in January 2013, when she was hit by the wing mirror of a van travelling in the opposite direction. Donna sustained a fractured wrist due to the impact of the van mirror and was treated at hospital for other injuries to her hand, elbow, shoulder and jaw.

Donna applied to the Injuries Board for an assessment of injury compensation for a jogger, but the driver of the van – Joseph Tyrell – denied that he was totally to blame for Donna´s injuries and refused to give his consent for the assessment to take place. Donna was subsequently issued with an authorisation to pursue her claim in court, and the hearing took place earlier this week.

At the hearing, Mr Justice Kevin Cross was told that, on 22nd January 2013, Donna and her friend were jogging along the road against the oncoming traffic and that a tractor and trailer combination had just passed them on the far side of the road.

The two joggers had seen Tyrell pull over onto the grass verge alongside the road to give the tractor a wide berth, but believed he would return to the carriageway once the tractor had passed and continued running towards the van. However, Tyrell continued to drive along the grass verge – the wing mirror of his van hitting Donna and causing her injuries.

Defending the claim for injury compensation for a jogger, Tyrell alleged that Donna was guilty of contributory negligence because she and her friend had run two abreast against the traffic without wearing high-visibility clothing. The judge dismissed the claim of contributory negligence by noting that Donna had been wearing bright clothing on the morning of the accident.

Acknowledging that Donna had previously been a “very active lady”, and that the injuries she had sustained in the accident had prevented her from competing in physically demanding sporting activities, the judge found in Donna´s favour and awarded her €134,000 injury compensation for a jogger hit by a van mirror.

201606.13
2

UN Says State should Allow Terminations for Fatal Foetal Abnormalities

The United Nations´ Human Rights Committee has said that Ireland should revise the Eighth Amendment to allow terminations for fatal foetal abnormalities.

Under Ireland´s current abortion laws, the right to life of an unborn child is protected by the Eighth Amendment. New laws were introduced in 2013 to allow abortions when the mother´s health is at risk, but a ban remains on terminations for fatal foetal abnormalities and inevitable miscarriages, and when a pregnancy is attributable to rape or incest.

Due to the ban on terminations for fatal foetal abnormalities, 21-weeks pregnant Amanda Mellet was forced to travel to the UK for a termination after being told that her unborn child would die in the womb or shortly after birth. Amanda endured a traumatic experience due to there being little information available to her before undergoing the procedure and no bereavement support available to her on her return to Ireland.

After founding the organization “Termination for Medical Reasons” in order to campaign for a change to the law, Amanda made a complaint to the United Nations´ Human Rights Committee through the Centre for Reproductive Rights – claiming that Ireland´s ban on terminations for fatal foetal abnormalities was discriminatory, cruel, inhuman and degrading.

Last week the Committee found in Amanda´s favour – saying that Amanda´s physical and emotional well-being had been jeopardised by Ireland´s position on terminations for fatal foetal abnormalities, that Amanda had been subjected to unnecessary financial and emotional suffering, and that the State should compensate her for failing to allow an abortion “in the familiar environment of her own country and under the care of health professionals whom she knew and trusted.”

The Human Rights Committee also said that Ireland should introduce laws – or revise the Eighth Amendment as necessary – in order to provide “effective, timely and accessible procedures for pregnancy termination in Ireland, and take measures to ensure that healthcare providers are in a position to supply full information on safe abortion services without fearing being subjected to criminal sanctions.”

Speaking after the decision of Human Rights Committee had been announced, Leah Hoctor – the European Regional Director for the Centre for Reproductive Rights – said: “The Irish Government must now comply with this ruling, redress the harm Ms Mellet suffered and reform its laws to ensure other women do not continue to face similar violations.”

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.

201605.07
1

Company Fined for Fatal Breach of Health and Safety Laws

A Dublin company has been fined €200,000 for a fatal breach of health and safety laws that resulted in the death of a 32-year-old warehouse supervisor.

On 28th November 2015, Robert Ceremuga – a warehouse supervisor at VF Coldstores Ltd – was killed instantly when racking supporting 36 tonnes of foodstuff collapsed on top of him. An engineer’s report following the accident concluded that the racking had collapsed due to the accidental impact of a forklift. It was found that the employee operating the forklift had been employed by VF Coldstores of Finglas, Dublin, just three weeks earlier and did not have the appropriate license to operate the vehicle.

The company was prosecuted by the Health and Safety Authority (HSA) for a fatal breach of health and safety laws, and last month a representative of VF Coldstores Ltd pleaded guilty to the charges at the Dublin Circuit Criminal Court. The court also heard a victim impact statement read by Robert´s widow – Maria – following which Judge Melanie Greally adjourned the hearing in order to “conduct a scientific approach” to ascertaining the fine.

The hearing was reconvened yesterday, when Judge Greally imposed a fine of €200,000 on VF Coldstores Ltd for a fatal breach of health and safety laws. Speaking after the successful prosecution, the Assistant Chief Executive of the HSA – Brian Higgisson – said: “It is important that employers adequately manage and conduct work activities, in particular carrying out risk assessments before any major works, such as alterations to racking. These assessments should ensure that everyone has the necessary training, knowledge and experience to complete the work in a safe manner.”

201605.03
0

Final Delayed Delivery Compensation Settlement Approved in Court

A final delayed delivery compensation settlement has been approved in the High Court in favour of a sixteen-year-old girl who suffers from cerebral palsy.

Mary Malee was born at the Mayo General Hospital on 11th October 1999 after becoming distressed in the womb. Due to there being no consultant available to assist with the birth, Mary´s delivery was avoidably delayed by eighty minutes. By the time she was delivered by emergency Caesarean section, Mary had sustained brain damage due to a lack of oxygen and she now suffers from cerebral palsy.

Mary´s mother – Maura Malee from Swinford, County Mayo – claimed a delayed delivery compensation settlement from the Health Service Executive, alleging that there had been a failure by the Mayo General Hospital to ensure that a paediatrician was present after a deceleration of the foetal heart rate had been identified, and that the hospital´s negligence had led to the failure to deliver Mary in a timely manner.

In March 2014, an interim delayed delivery compensation settlement of €1.5 million was approved by Ms Justice Mary Irvine, who then adjourned the case for two years to allow for the introduction of a structured settlement system. As no system for the phased payment of compensation to catastrophically injured claimants has yet been introduced, Mary and her family returned to the High Court to hear the approval of a final delayed delivery compensation settlement.

At the hearing a statement was read to Mary by representatives of the Mayo General Hospital, who apologised for “the many challenges that you have faced as a result of the treatment provided to your mother Maura at the time of your birth” and who told Mr Justice Peter Kelley that a final delayed delivery compensation settlement of €5.56 million had been agreed with the family.

After hearing from Mary that “the stress of ongoing engagement with the HSE and the courts is not what I want”, the judge approved the final delayed delivery compensation settlement. Judge Kelly also described Mary as “heroic” for the challenges she has overcome so far in her life and commended her for her ambition to become an advocate for people with disabilities.

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.

201604.18
0

HSENI Issues Warning about the Dangers of Slurry Pits

Farmers have been issued with a fresh warning about the dangers of slurry pits by the Health and Safety Executive for Northern Ireland and Fire Service.

The warning about the dangers of slurry pits was released jointly by the Health and Safety Executive for Northern Ireland (HSENI) and the Northern Ireland Fire and Rescue Service (NIFRS) – who, to date this year, have been called upon to rescue four animals that have fallen into uncovered slurry pits.

Although any loss of livestock can be devastating to the farming community, the warning about the dangers of slurry pits focuses on the risk of injury and death to farmers, farm employees and their families.

Slurry is one of the four main causes of death and serious injuries on Northern Ireland farms due to farmers and farm employees being overcome by the gas released from slurry during mixing and falling through slurry pit openings into the tank.

Malcolm Downey, who leads the farm safety team at HSENI, said “Before mixing slurry, always stop and think about the job ahead and make preparations to complete the entire task safely. You must cover all the openings and keep children and animals well away during the mixing process.”

He continued: “Stay out for 30 minutes after starting mixing or after moving or re-directing the pump and try to mix on a windy day. Do not take any chances when mixing slurry, you are risking your own life and the lives of others as well as putting your livestock in danger.”

Mr Downey´s warning about the dangers of slurry pits was echoed by Fergal Leonard – NIFRS´ Group Commander – who added: “For Northern Ireland Fire & Rescue Service, public safety is our priority and the best course of action is through prevention”.

Mr Leonard warned: “At this time of year, slurry is being removed from the pits and used as fertiliser on the fields. This can be hazardous if the slurry pit is not properly ventilated during mixing operations and storage lids are not replaced immediately after filling a tanker. We would appeal for farmers to be vigilant in ensuring the access hatches into slurry pits are secure and well maintained”.

201604.09
0

Court Awards Compensation for a Waitress Hand Injury after Hearing

The High Court has awarded a woman €500,000 compensation for a waitress hand injury after finding jugs used in a hotel breakfast bar were unfit for purpose.

Sophie Caillaud (42) claimed compensation for a waitress hand injury after suffering a deep cut in her thumb when a glass jug she was filling at the Lough Rynn Hotel in Mohill, County Leitrim shattered in her hand.

Sophie underwent surgery to repair the soft damage tissue in her thumb but, due to the thumb failing to regain its strength, Sophie has been unable to return to waitressing since her accident – the injury also affecting her ability to perform day-to-day activities.

After seeking legal advice, Sophie claimed compensation for a waitress hand injury against the hotel and the two companies that manufactured and supplied the glass jugs to the hotel – Bunzl Outsourcing Ltd and Utopia Tableware Ltd.

The defendants contested the claim for compensation for a waitress hand injury due to the amount that was being requested and because, it was argued, that Sophie had contributed to the cause of her accident through her own negligence.

As the claim could not be resolved through the Injuries Board process or through negotiation, the case went to the High Court, where it was heard by Mr Justice Kevin Cross. At the hearing, Judge Cross was told that staff members had previously reported injuries due to the glass jugs shattering.

Judge Cross also heard testimony from an expert, who explained that the rapid cooling and heating of the jugs when used in a dishwasher weakened the joint between the jug´s thick handle and its thinner body. The expert concluded that the jugs were unfit for purpose.

After hearing evidence from Sophie, the judge also dismissed the allegations of contributory negligence and suggestions that Sophie was exaggerating her injuries. Commenting he found Sophie to be “entirely genuine”, Judge Cross awarded her €500,000 compensation for a waitress hand injury.

201604.05
0

Court Hears Injury Claim for an Industrial Saw Accident at Work

The High Court yesterday started hearing an injury claim for an industrial saw accident at work, made by a man who lost two fingers in the accident.

On April 23rd 2008, Antoni Jamroziewicz (52) – a Polish national with an address in Caherdavin, County Limerick – was working as a carpenter on the construction of the Limerick Tunnel. As Antoni was about to cut a length of timber from a 1.5 metre plank with an industrial saw, he lost his balance and fell. As he fell, Antoni´s left hand went into the saw and part of his index and ring fingers were severed.

Doctors were unable to reattach the severed parts of Antoni´s fingers and, due to a combination of his physical and psychological trauma, Antoni started drinking to excess. He was later able to find more work as a carpenter, but the loss of his fingers in the accident limited his ability and affected his confidence – both professionally and socially.

Antoni made an injury claim for an industrial saw accident at work against the recruitment agency O’Neill Brennan Ltd, and German contractor Strabag International GmbH. In his claim, Antoni alleged that the area on which the industrial saw had been placed was uneven and unsafe. The two defendants denied liability for his injury, and the case to determine liability started yesterday at the High Court.

At the hearing, Antoni told the court that he had stumbled on the uneven surface, and it was this that had led to his hand going into the saw. The defendants contested Antoni´s version of events. They argued that the surface on which the industrial saw had been placed was flat and that Antoni probably put his hand too close to the saw and lost his fingers due to his own carelessness.

Furthermore, it was argued, as an experienced carpenter, Antoni could have ensured a safe working surface by placing a plywood sheet beneath the saw before he had started using it. Antoni´s barrister told the court that the saw was already in situ and that Antoni had no responsibility for setting it up or ensuring it was safe to use.

The hearing into the injury claim for an industrial saw accident at work continues today.

201603.24
0

Cabin Crew Assistant Settles Injury Claim for a Slip on a Plane

A cabin crew assistant, who was injured on a flight from Palma to Dublin, has settled her injury claim for a slip on a plane for an undisclosed amount.

Gabrielle McGovern from Blanchardstown in Dublin was working as a cabin crew assistant aboard an Air IOM flight from Palma to Dublin when, on 26th June 2012, she slipped on a discarded plastic rubbish bag that had been left on the galley floor of the 737 aeroplane.

Gabrielle sustained injuries to her back and shoulder when she fell and has since had to undergo lumbar surgery to repair the damage to her back. Due to the pain she still experiences in her back, Gabrielle has been unable to work as a cabin crew assistant since her accident.

Following a discussion with a solicitor, Gabrielle made an injury claim for a slip on a plane against Air IOM Ltd and Air Contractors (Ireland) Ltd. She alleged in her injury claim that the defendants had not provided a method of safely securing the plastic rubbish bags to prevent the risk of injury.

Air IOM Ltd and Air Contractors (Ireland) Ltd denied their liability for Gabrielle´s injury and contested her injury claim for a slip on a plane on the grounds of contributory negligence. Consequently, the case went to the High Court to determine liability. The hearing took place last week before Mr Justice Raymond Fullam.

At the hearing, Judge Fullam was told that plastic bags had been introduced to store rubbish following the sealing of the rubbish bins as a security measure and the storage of the plastic bags – both when empty and full – was an issue that affected all the cabin crew working on Air IOM flights. He also heard that the plastic bags occasionally split open, allowing rubbish to spill onto the floor of the galley.

However, before Air IOM Ltd and Air Contractors (Ireland) Ltd had the opportunity to present their defence against the injury claim for a slip on a plane, Judge Fullam was told that Gabrielle´s claim had been settled for an undisclosed amount and the case could be struck.

201603.18
0

Farmer Fined for Injury to a Worker at a Dairy

A farmer from Killylea in County Armagh has been fined £1,000 by magistrates for a health and safety breach that led to an injury to a worker at a dairy.

In June 2015, the unnamed worker was helping to erect a fence on land owned by the farmer – David Murphy – when his left leg was impaled by one of the prongs of a silage buckrake that fell from the front of a telescopic materials handler.

An investigation into the accident and injury to a worker at a dairy revealed that there had been a breach of Article 4 of the Health and Safety at Work Order (NI) 1978, and Murphy was prosecuted by HSENI inspectors.

At the hearing of Armagh Magistrates´ Court, Murphy pled guilty to the charge on causing an injury to a worker at a dairy and was fined £1,000. Following the hearing, Kevin Campbell – an inspector with HSENI’s Major Investigation Team – said:

“Farmers must ensure that proper systems are in place to prevent employees being injured. In addition, the correct equipment must be used and be maintained in good working order. Any misuse of equipment, or the wrong choice of machinery has the potential for things to go wrong, resulting in serious injury, as was the case in this totally preventable accident.”

201603.17
0

Court Awards €153,000 Compensation for a Workplace Manual Lifting Injury

A former picker at a Dublin distribution centre has been awarded €153,150 compensation for a workplace manual lifting injury by a judge at the High Court.

Forty-seven year old Slovakian, Salmovir Spes, made his workplace manual lifting injury claim after hurting his back while working at the Windcanton distribution centre in Blanchardstown, Dublin. Salmovir´s job at the distribution centre was to manually lift or “pick” goods from pallets and load the goods onto trolleys for transportation to twenty-four Supervalu supermarkets in the area.

Salmovir´s injury occurred on October 29th 2011 as he was lifting trays of yoghurts from a pallet. As he turned to place the yoghurts onto a trolley, Salmovir felt a sharp pain in his back. Although he went home immediately to rest his back, and then sought prompt medical attention, Salmovir was unable to return to work at the distribution centre. He remained on sick leave until 2014 when he was made redundant.

Salmovir claimed compensation for a workplace manual lifting injury, but Windcanton withheld their consent for the Injuries Board to conduct an assessment. Salmovir was subsequently issued with an authorisation to pursue compensation for a workplace manual lifting injury through the courts, and his case was heard recently at the High Court by Mr Justice Anthony Barr.

At the hearing, Judge Barr heard that Salmovir was set a “pick rate” of 1,200 picks per seven-and-a-half hour shift. It was alleged by Salmovir that he had not been trained in the correct way of manually lifting goods in a safe way to meet his target, and that he was especially selected for heavy manual lifting because of his nationality.

The defence argued that Salmovir had not been treated differently than any other employee, that adequate training was provided and that workers were given refresher courses at regular intervals. It was suggested that Salmovir´s injury had been caused by his own negligence due to taking a short cut in the correct procedures.

Judge Barr found in Salmovir´s favour – commenting he was satisfied that Salmovir´s back injury was attributable to a lack of adequate training, unreasonably high pick rates and being forced to take short cuts to meet his target. The judge said there was no evidence to support Salmovir´s allegations of discrimination or the defence´s argument that Salmovir had contributed to his injury through his own lack of care.

The judge awarded Salmovir €153,150 compensation for a workplace manual lifting injury, saying he was satisfied that the plaintiff had suffered a significant injury to his lower back due to his employer´s negligence that not only rendered him “permanently disabled in the work aspects of his life”, but also continued to cause him pain in his day-to-day domestic activities.

201603.15
0

Negligence Determined in Claim for a Workplace Accident at Dunnes

A High Court judge has found Dunnes Stores negligent in a claim for a workplace accident in Dunnes, made by an employee who fell down a flight of stairs.

Jean O´Reilly from Wexford was employed as a checkout operator at her local Dunnes Stores in Redmond Square, when – on 9th December 2011 – she lost her footing while reading the staff noticeboard and fell down a flight of stairs leading from the staff locker room to the ground floor.

Jean was taken to hospital by ambulance, where she was treated for soft tissue injuries to her neck and back. Jean had to wear a neck brace to support her head for the six weeks she was unable to work and also underwent a course of physiotherapy to help her recover from her ordeal.

After obtaining legal advice, Jean made a claim for a workplace accident in Dunnes against her employer –  alleging that the staff noticeboard was dangerously positioned too close to the top of the stairs and that, had there been a handrail of both sides of the flight of stairs, her fall could have been prevented.

Dunnes Stores contested the claim for a workplace accident at Dunnes and refused to consent to an Injuries Board assessment. Jean was subsequently issued with an authorisation to pursue her workplace accident claim through the courts process and her case was heard at the High Court.

At the end of the hearing, Mr Justice Raymond Fullam found in Jean´s favour. Judge Fullam ruled that Dunnes Stores had been negligent in two respects – for the dangerous placement of the staff noticeboard at the top of the flight of stairs and for the lack of a handrail on both sides of the flight of stairs.

Judge Fullam awarded Jean €81,500 compensation in settlement of her claim for a workplace accident at Dunnes – €65,000 general damages for her pain, suffering and loss of amenity as a result of her accident, and €16,500 special damages for her loss of income and the costs she had incurred.

201603.08
0

Chef´s Claim for a Restaurant Kitchen Injury Resolved in Court

A chef´s claim for restaurant kitchen injury has been resolved at the Circuit Civil Court with an award of €15,000 compensation to the injured plaintiff.

Shijun Liu was ordinarily a chef at the Howards Way Restaurant in Rathgar; but, in March 2013, he was working at the restaurant´s sister establishment in Churchtown, Dublin, when he went to the assistance of a cleaner who was trying to untangle the domestic powerhose used to clean the kitchen.

As Shijun and the cleaner attempted to untangle the kinks in the hose, the hose suddenly sprayed scalding water at Shijun – severely burning his ankle. Shijun – who was unfamiliar with the cleaning procedures at the Churchtown restaurant – was taken to the VHI Clinic in Dundrum, where he was treated for burns.

Due to the severity of his injuries, Shijun was unable to return to his kitchen duties for two weeks. He made a claim for a restaurant kitchen injury against his employer – Declan Howard trading as Howards Way Restaurant – but consent was denied for the Injuries Board to conduct an assessment of Shijun´s claim.

With an authorisation from the Injuries Board to pursue his claim for a restaurant kitchen injury, Shijun sought legal advice. Shijun was advised to take his case to the Circuit Civil Court, where it was heard earlier this week by Mr Justice Raymond Groarke.

At the hearing, Judge Groarke was told that the domestic powerhose used to clean the restaurant kitchen was unfit for purpose because the heat of the water being used would have softened it. The judge found in favour of Shijun and awarded him €15,000 in settlement of his claim for a restaurant kitchen injury – commenting that he had found Shijun´s version of events very compelling.

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.

201602.13
0

Social Care Worker Injury Claim Resolved during Court Hearing

A social care worker injury claim, made by a man who broke his knee while running after a child in his care, has been resolved during a court hearing.

In June 2009, Joseph Kavanagh (54) from Enfield in County Meath was working in a Special Care Residential Unit for young people with behavioural problems when he was asked to accompany a teenager on a family visit. At the end of the visit, the teenager – who cannot be named for legal reasons – became agitated and ran away from his carer.

Joseph gave pursuit, but he twisted his knee as he ran after the child. Joseph fell and cracked his knee on the road surface – a later x-ray revealing that the knee was broken. Since the incident, Joseph has experienced ongoing pain from his injury that interferes with his daily activities and has a four centimetre scar from his fall.

After seeking legal advice, Joseph made a social care worker injury claim against his employer – the Health Service Executive (HSE). In his legal action, Joseph alleged that there had been a failure to carry out a risk assessment following earlier agitation prior to the visit. Joseph argued that a risk assessment would have shown that another member of staff should have accompanied him and the child.

The HSE denied liability for Joseph´s injury, and the social care worker injury claim went to the Circuit Civil Court where Joseph´s case was presented to Judge Francis Comerford. However, before the HSE could present its defence against the social care worker injury claim, the judge was told that a settlement had been agreed and the claim had been resolved.

Details of the settlement were not released to the court, but it is understood that liability for Joseph´s injury was shared on a 50/50 basis. Judge Comerford struck out the case after awarding Joseph his legal costs.

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.”

201601.27
0

Settlement of Brain Injury Claim for Compensation Approved in Court

A settlement of a brain injury claim for compensation has been approved in the High Court in favour of a twenty-five year old man from County Longford.

On 27th January 2009, Francis Smith from Edgeworthstown in County Longford was driving along a local road when he had to manoeuvre out of the way of a car heading directly towards him. As Francis took evasive action to avoid a collision with the car, he crashed into the back of a council lorry that was parked ahead of some roadworks.

Francis, who was eighteen years of age at the time and who held full-time employment at a local factory, sustained devastating brain damage in the accident. As a result of his injuries, Francis has cognitive and physical issues. He is no longer able to work or live independently, and is cared for at the family home by his mother, Martina Dempsey.

On Francis´ behalf, Martina made a brain injury claim for compensation against Longford County Council. She alleged in her claim that the council had been negligent by failing to give adequate warning of the roadworks by means of bollards or warning signs, and that there was no flagman in place to warn oncoming traffic of the obstruction in the road.

While requesting a settlement of a brain injury claim for compensation, Martina alleged that the lorry into which Francis had crashed was parked in such a way that it protruded extensively into the road. Due to the proximity of the roadworks to a bend in the road, the lorry, it was claimed, was a danger to other road users.

Longford County Council denied its liability for Francis´ brain injuries. The council counter-claimed that Francis had significantly contributed to the cause of the accident by his own contributory negligence and had been driving too fast into the bend in the road. However, at the High Court, Mr Justice Kevin Cross heard that a €750,000 settlement of the brain injury claim for compensation had been agreed between the two parties.

After noting that the settlement of the brain injury claim for compensation represented 25% of the full value of the claim, Judge Cross approved the settlement. The judge commented in his closing remarks that the settlement was a good one in the circumstances and he wished Francis all the best for the future.

201601.21
0

High Court Approves Compensation Settlement for a Work Accident Claim

The High Court has approved a compensation settlement for a work accident claim made by the widow of a man killed while working at Connacht Sportsground.

On 30th April 2008, Declan Byrne (31) was killed when a 1.4 tonne steel beam fell on him while he was trying to realign it during the construction of a new gym at the Connacht Sportsground in Galway. An investigation into Declan´s death resulted in charges being brought against the company for whom he worked – CDM Steel Ltd – under the 2005 Safety, Health and Welfare at Work Act.

The company was acquitted on the charges in November 2013, after the Galway Circuit Criminal Court heard that it had been Declan´s decision to use scaffolding and a bottle jack – rather than lift the beam with a crane – because the blockwork of the building was so far advanced. However, the judge in the case criticised the lack of supervision and an “appalling lack of communication” at the site.

Following the acquittal of her husband´s former employer, Dolores Byrne from Ballyhaunis in County Mayo made a work accident claim against CDM Steel Ltd alleging that the company´s negligence was responsible for Declan´s death. She also sued Portant Developments Ltd – the main contractor for the development of the site, the Connacht Branch of the Rugby Football Union and the Irish Rugby Football Union – the owners of the Connacht Sportsground.

All four parties denied their role in Declan´s death, and alleged that he failed to have regard for his own safety by attempting to realign the steel beam without the appropriate lifting equipment. However, at the High Court, Mr Justice Kevin Cross heard that a compensation settlement for the work accident claim had been agreed amounting to €500,000.

Judge Cross approved the compensation settlement for a work accident claim, expressing his sympathies to Dolores and her two children for their tragic and irreplaceable loss. He told the family that, although the compensation settlement for a work accident claim was a good one that he was happy to approve, “nothing can replace what you have lost”.

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.

201512.18
1

Emotional Trauma Compensation awarded to Fourteen-Year-Old Boy

A judge has awarded a fourteen-year-old boy €51,244 emotional trauma compensation after hearing how a fire in the family´s home had traumatised him.

On June 26th, 2010, the home of the Monds family from Kinnegad in County Westmeath was devastated after a Hotpoint dishwasher caught on fire late in the evening. The family´s four children were safely evacuated from the burning house by their parents, but the property was not habitable again until spring the following year.

One of the four children – Aaron – was only nine-years-old at the time. Aaron had already been diagnosed with a mild intellectual disability and he was severely traumatised by the fire. He developed an irrational fear of fire and, for years after the event, had symptoms of obsessive compulsive disorder that included checking and re-checking electrical appliances were switched off and unplugged.

Through his father – Henry Monds – Aaron made a claim for emotional trauma compensation against Indesit UK Ltd, the manufacturer of the Hotpoint dishwasher. As an investigation had attributed the fire to a fault in the electrical appliance, liability was admitted, and the claim for emotional trauma compensation went to the High Court for the assessment of damages.

At the High Court, Mr Justice Bernard Barton heard that Aaron had suffered night terrors about fire and burning for many years after the devastation of the family home. The judge also heard that Aaron´s condition was improving after years of therapy, however he still had anxiety attacks about the possibility of another fire during the night.

Judge Barton accepted the medical evidence that Aaron was suffering residual symptoms of a post- traumatic stress disorder consequent upon the fire in the family home. He awarded Aaron €51,244 emotional trauma compensation and ordered that the settlement will be paid into court funds until Aaron reaches the age of eighteen.

201512.04
2

Man Awarded Compensation for an Injury Caused by Inadequate Training

A former meat factory worker has been awarded €415,000 compensation for an injury caused by inadequate training at the High Court.

On 11th January 2011, Mohammed Ali Saleh from Mullingar in County Westmeath was working at the Moyvalley meat factory in County Kildare, when he got a pain in his back while working on the pluck station of the factory. A medical examination revealed that Mohammed had suffered a prolapse disc.

Although Mohammed had suffered back problems before, this was considerably worse. Mohammed underwent an MRI scan which showed that he required urgent decompression but, despite undergoing two operations, he was diagnosed with failed back syndrome and now uses crutches to support himself.

Mohammed sought legal advice and claimed compensation for an injury caused by inadequate training. He alleged in his legal action that Moyvalley Meats Ireland Limited had never shown him adequately how to perform the plucking process without having to engage in a twisting manoeuvre – the twisting manoeuvre having been identified as the reason for the prolapsed disc.

Moyvalley Meats contested Mohammed´s claim. The company argued that he had been given on the job training and that his current back injury was a result of an existing condition. With there being no resolution to the claim for compensation for an injury caused by inadequate training, the case went to the High Court, where it was heard by Mr Justice Kevin Cross.

At the hearing, Judge Cross heard an expert witness testify that the training provided for Mohammed consisted of having him watch a fellow employee work on the pluck station. The expert said that no safe system of work had been implemented that could avoid the twisting manoeuvre, and that the training Mohammed had received was entirely inadequate for him to do the job safely.

Judge Cross found in Mohammed´s favour. He said that Moyvalley meats was in breach of statutory duty in failing to train him in what should have been the correct posture to avoid straining his back. The judge awarded Mohammed €415,000 compensation for an injury caused by inadequate training to account for his pain and suffering and loss of income.

201512.03
2

Judge Adjourns Approval Hearing due to Too Low Offer of Compensation

A judge has adjourned a second approval hearing on the grounds that the injury settlement he had been asked to approve was a too low offer of compensation.

In November 2012, Harry Ryan (12) from Swords in County Dublin had been playing on a local green, when he slipped and badly cut his lower right leg on a piece of broken glass. Harry was taken to the local VHI Swift Care Clinic, where he had eight stitches under a local anaesthetic, and steri-strips applied to help his cut heal.

Through his mother – Ita – Harry made an injury compensation claim against Fingal County Council and a settlement of injury compensation was agreed amounting to €3,000 without an admission of liability. As the claim was made on behalf of a child, the settlement had to be approved before the claim could be closed.

However, at the Circuit Civil Court last week, Judge James O´Donohoe refused to approve the settlement as he considered it too low an offer of compensation in relation to Harry´s injury. He adjourned the case for a week so that the two parties could reconsider the settlement, and a second approval hearing was scheduled for yesterday.

At the second approval hearing, Mr Justice Raymond Groarke was told that the offer of compensation had been increased to €3,500. Harry´s barrister told Judge Groarke that he was conscious of the recent dismissal of a similar claim in the High Court and that Fingal County Council had prepared a full defence if the claim went to a full hearing.

Having inspected the scar on Harry´s leg, Judge Groarke said that the value of the proposed settlement was still a too low offer of compensation. The judge said that an appropriate settlement should amount to €30,000 and he adjourned the case for another week so that Harry´s solicitor could assess the risk of taking the claim to a full court hearing.

Judges refusing to approve settlements when a too low offer of compensation has been made is happening more frequently. Insurance companies often encourage plaintiffs to accept inappropriate offers for their own financial gain. If you have received an offer of settlement, which you believe may be a too low offer of compensation, you should seek professional legal advice.

201511.24
3

Claim against Mother for Injuries in a Car Crash Resolved at Court

A teenage girl´s claim against her mother for injuries in a car crash has been resolved at court with the approval of a €1.3 million compensation settlement.

On 26th November 2005, Beth Cullen (then just six years of age) was badly injured in a car crash on the dangerous “Nine Bends” stretch of the N11 near Ballinameesda. As a consequence of the car crash, Beth – from Kilmacanogue in County Wicklow – lost the use of her left eye, became deaf in her left ear and also lost her sense of smell.

On his daughter´s behalf, William Cullen made a compensation claim against her mother – Caroline Barrett – who had been driving the family car when the car crash happened and who was considered responsible for causing the accident.

In the claim against the mother for injuries in a car crash it was alleged that Barrett had failed to steer, stop, swerve or manage the car prior to the accident. It was also alleged that, through her actions, Barrett failed to have any or any adequate regard for the safety of her daughter.

Liability was conceded by Barrett´s insurance company, and a €1.3 million settlement of the claim against the mother for injuries in a car crash was negotiated. As the legal action had been taken on behalf of a minor, the negotiated settlement had to be approved at the High Court to ensure it was in Beth´s best interests.

The approval hearing took place at the beginning of last week before Mr Justice Kevin Cross. Judge Cross heard about the circumstances of the accident and the injuries that Beth had sustained. After being told that Beth was doing well at school despite her reduced senses of sight and hearing, Judge Cross approved the settlement and wished Beth well for the future.

201511.19
0

Castolin Eutectic Employee Awarded Compensation for a Pallet Truck Accident

An employee of Castolin Eutectic has been awarded €46,000 compensation for a pallet truck accident in which he slipped and fell, and injured his back.

On 5th March 2012, Daniel Hanley (24) from Stoneybatter in Dublin was working at the Castolin Eutectic manufacturing plant in the Magna Business Park, when he slipped and fell while pushing a pallet truck. Daniel was taken to hospital with a back injury, treated for soft tissue damage and was off work for six weeks.

Daniel claimed compensation for a pallet truck accident against his employer – alleging that Castolin Eutectic had not implemented a safe system of work. Due to slipping on an accumulation of graphite spillage on the floor, Daniel also claimed that his employer had failed to ensure that the floor surface was suitable and fit for purpose.

Castolin Eutectic denied liability for Daniel´s injury, and declined consent for the Injuries Board to conduct an assessment of his claim. Consequently Daniel was issued with an authorisation to pursue compensation for a pallet truck accident through the courts. His case was heard this week by Mr Justice Kevin Cross at the High Court.

At the hearing, Judge Cross heard Castolin Eutectic argue that Daniel´s slip and fall injury was due to his own negligence. However, the judge also heard evidence that there had been a number of slip and fall accidents due to graphite spills in the week´s leading up to Daniel´s injury, and safety measures that were suggested to the company´s management were not put in place.

Mr Justice Cross said that there was no suggestion Daniel had been doing anything wrong at the time of the accident and, based on the evidence he had heard, it was likely that there could have been a small amount of graphite on the floor at the time. The judge found in Daniel´s favour and awarded him €46,000 compensation for a pallet truck accident.

201511.13
1

Judge Awards Compensation for a Slip on a Potato Wedge in Dunnes

A judge has awarded an injured shopper €22,900 compensation for a slip on a potato wedge in Dunnes following a hearing at the Circuit Civil Court in Dublin.

In November 2011, sixty-year old housewife Anna Manning from Clondalkin in Dublin was entering the fish section of her local Dunnes Stores, when she slipped on a potato wedge that had been left on the floor following an earlier spill and fell onto the shop floor.

Anna landed on her hands and knees, but the following day attended her GP for treatment to pains that had developed in her back and neck. Anna also sought legal advice and claimed compensation for a slip on a potato wedge in Dunnes.

Dunnes Stores refused its consent for Anna´s claim to be assessed by the Injuries Board and she was issued with an Authorisation to pursue her claim in court. The claim for compensation for a slip on a potato wedge in Dunnes was recently heard by Mr Justice Raymond Groarke at the Circuit Civil Court.

At the hearing Judge Groarke was told that Anna´s slip and fall had aggravated an existing condition, and that she had also sustained a wrist injury that was having a negative effect on her quality of life. Dunnes Stores contested Anna´s claim, and argued that she had contributed to her injuries by her own lack of care.

Judge Groarke dismissed Dunne´s argument of contributory negligence and found in Anna´s favour. The judge commented that Anna was a “very poor candidate” to fabricate her story considering her previous medical history and he considered Dunnes Stores to have been negligent for failing to thoroughly clean up the previous spill.

Judge Groarke awarded Anna €22,900 compensation for a slip on a potato wedge in Dunnes, adding on the balance of probabilities that the potato wedge on which Anna had slipped had likely been a “brother or sister” of the wedges that had been spilled earlier in the day.

201511.10
0

Flight Attendant Claims Compensation for Injuries during a Landing

An Air Lingus flight attendant has given evidence at the High Court in support of her claim for compensation for injuries during a landing at Dublin Airport.

On 19th November 2009, Cassandra Reddin from Ratoath in County Meath was a flight attendant on flight EI582 from Malaga to Dublin. As the Airbus 320 approached Dublin Airport, the plane started swaying from side-to-side and, on landing, bounced three times before coming to a halt much further along the runway than it normally would.

The rough landing caused the overhead luggage lockers to open, and luggage to fall on top of passengers; who – according to Cassandra´s testimony yesterday at the High Court – were screaming in fear. “Safety documents shot out of their pockets; duty free broke in the overhead baggage and alcohol leaked into the cabin. There was a degree of chaos and stress on board,” she told Mr Justice Michael Hanna.

Cassandra told the court that the rough landing had left her shaken up emotionally and physically. Claiming that she had suffered shock due to the incident, and had cried the whole evening when she had got home, Cassandra also alleged that she had suffered soft tissue neck and back injuries similar to whiplash – subsequent to which she sought legal advice and claimed compensation for injuries during a landing at Dublin Airport.

Aer Lingus contested Cassandra´s claim for compensation, and her allegations that the rate of descent just prior to landing was three to four times what it should have been. The airline also disputes claims that the co-pilot was negligent in failing to adequately supervise the landing on the plane. Consequently, when Cassandra applied to the Injuries Board for compensation for injuries during a landing, Aer Lingus refused to give its consent for the assessment to proceed.

The hearing at the Four Courts continues tomorrow.

201511.07
0

Judge Awards Multiple Compensation Settlements for an SUV Accident

A judge at the Limerick Circuit Court has awarded multiple compensation settlements for an SUV accident in which a driver and three passengers were injured.

Mary O´Reilly was driving her husband´s SUV from Charleville in County Cork to Rathkeale on 18th October 2011, when the vehicle was rear-ended by a rental van driver by Rathkeale resident Jeremiah O´Brien. Several days after the accident, Mary and her three female passengers started to experience pain from soft tissue injuries they had sustained in the accident.

The four women claimed injury compensation from the driver of the rental van, the company from which it had been hired – Enterprise Rent a Car – and the Motor Insurers Bureau of Ireland (MIBI). Mary´s husband – William O´Reilly – also claimed compensation for the property damage to his SUV –

Enterprise Rent-a-Car and MIBI contested the claim on the grounds that the circumstances of the accident did not stand up to scrutiny. The defendants alleged that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property damage was recorded.

As consent for the Injuries Board to assess the compensation settlements for an SUV accident was denied, the case went to Limerick Circuit Court, where it was heard by Judge Karen Fergus. Judge Fergus was told that, although William O´Reilly´s parents had lived near Jeremiah O´Brien´s parents, the two men had only met once before.

Judge Fergus also heard about the various injuries that had been sustained by Mary and her passengers, and that one of the passengers – Lisa O´Reilly had already settled her claim out of court. The judge awarded multiple compensation settlements for an SUV accident to Mary O´Reilly (€7,500), Caitriona McDonagh (€10,000) and Breda McCarthy (€12,000). William O´Reilly was also awarded €4,800 for the property damage to his SUV.