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21 November 2013

E4.75m for cerebral palsy boy

A FINAL settlement of E4.75m has been approved for a schoolboy left with cerebral palsy following his birth in a Cork hospital.

The latest lump-sum settlement was approved yesterday in the High Court by Ms Justice Mary Irvine for Shane Kenny, who is now nine years old.

It came two-years after a E1m partial payment in settlement of his claim against the HSE over the circumstances of his birth in Erinville Hospital on November 2, 2004.

He was awarded a further E665,000 last year for his future loss of earnings.

The E4.75m final settlement brought the total amount in relation to Shane’s case to E6.4m.

Shane, from Ballylouane, Ballyduff, Co Waterford, has developmental delay and motor dysfunction.


Man fined E1,250 for careless driving in fatal crash

2nd November

A farmer who ran over an elderly German tourist with his 1980- registered tractor at one of the countrys best-known tourist spots was fined E1,250 yesterday.

At Ennis Circuit Court, Judge Gerald Keys said that banning John Boyce (57), Moyhill, Cratloe, Co Clare, a father of two, from driving would be akin to taking tools from a tradesman.

At the court earlier last month, a jury unanimously found Boyce guilty of careless driving relating to the fatal crash of his Massey Ferguson tractor into Inge Schmidt (76) at a pedestrian crossing at Low Road, Bunratty, on October 29th, 2010.

Boyce was tried on the charge of dangerous driving causing the death of Ms Schmidt but the jury unanimously cleared him of that.

At the sentencing hearing yesterday, Judge Keys said there were a number of aggravating factors.

These included the condition of Boyce?s tractor, in? Read More


Birth injury case settled

1st November

A young boy who allegedly suffered a shoulder injury during his birth at a Cork hospital is to receive ?275,000 under a settlement of his High Court action against the HSE.

Sean Daly (8), Kinvara Park, Ballyvolane, Cork, had, through his father Denis, alleged he suffered the injury during his delivery at St Finbarrs Hospital, Cork, on October 8th, 2004.

Yesterday, Dr John OMahony SC, for the child, told Ms Justice Mary Irvine the settlement was made without admission of liability.


High Court Action for Damages

1st November

A WOMAN who fell on her way into a parish hall to vote in a referendum has lost her High Court action for damages over the incident.

Anne Cassidy (68), Crickstown, Ratoath, Co Meath, sued Fr Philip Gaffney, the parish priest of Curraha, Ashbourne, Co Meath; Mary O?Malley, returning officer for East Meath in the referendum; and the Department of Environment, Heritage and Local Government as the owner/occupier of the hall on the day of the accident.

The High Court was told Mrs Cassidy, a housewife, went with her husband Patrick to Curraha parochial hall on October 2nd, 2009, to vote in the second Lisbon referendum.

At the entrance door, she tripped and fell when her toe caught on a raised weather strip at the step into the hall, the court heard.

Mrs Cassidy claimed she suffered injuries and the defendants were negligent in Read More


Man told to pay assault victim E9,000

1st November

A MAN who walked next door and punched his neighbour in the mouth has been told by a judge to pay him E9,000 compensation.

Siobh?n Gaffney, for Barry Matthews, told the Circuit Civil Court that her client admitted the assault on electrician Andrew McDermott in July 2009.

Mr McDermott (48), St Conleth?s Road, Walkinstown, Dublin, told her that Matthews, who lived next door, had made some allegation about bullying involving their two sons.

?There was a knock at the door and I went out to answer it,? Mr McDermott said.

?Barry Matthews was standing at the door and punched me in the mouth.?

Mr McDermott told his barrister Abdulla Morgan Kamber that his left upper lip had been lacerated ?through and through?. There had been blood everywhere and on the hall floor, which he did not want his children to see.

He had gone to St ? Read More


New Land Registry Fees Order Commencing 1st December 2012

31st October

On 28 September, 2012, the Land Registration (Fees) Order 2012 was signed by the Minister for Justice and Equality. This Order revokes the Land Registration (Fees) Order 1999 and introduces new fees for Land Registry services.

The Land Registration (Fees) Order 2012 also introduces new bands for the relevant fees relating to the consideration (value) of transfers on sale and includes details of fees for new services which are now offered by the PRA.

In general, fees for registrations and services which previously cost E25 and E85 will increase to E40 and E130 respectively. While direct comparisons of the scale fees are not possible due to a redrawing of the value bands, the registration fee on the transfer of an average priced house, based on current CSO information, will be E600 in the context of the new fees order.

The PRA is obliged? Read More


Woman bringing first case over allegedly defective hip implants

30th October

A woman who had two hip replacement operations intends to bring what is expected to be the first of many cases over allegedly defective hip implants.

Irene Pierson is one of thousands of people who had DePuy Orthopaedics hip joints fitted in Irish hospitals before DePuy ordered a worldwide recall of the product in 2010. Yesterday the High Court was told Ms Pierson intended to bring an action against DePuy Inc and related companies, which allegedly supplied and manufactured the hip replacement product; Johnson Johnson Inc, which owns DePuy Inc; and the Health Services Executive.

Ms Pierson alleges she entered into a contract with the HSE in March 2007 to have a right hip implant manufactured by DePuy fitted and also entered into a contract in September 2008 to have a left hip implant fitted. It is alleged the DePuy products were? Read More


Former garda awarded E300,000 over injury

27th July

A man who was punched in the head while a serving garda as he released a man from a Garda station was awarded more than E300,000 in damages by the High Court yesterday.

Ms Justice Mary Irvine said James Lynn, who was stationed at Castlebar station but has since been discharged from the Garda due to ill-health, had lost the career he fought so hard to get into.

As a result, Mr Lynn had lost his status in society and his injuries affected him every day, she said. The case was brought under the Garda Compensation Act by Mr Lynn who had been attached to Castlebar station at the time of the assault on June 23rd, 2001.

The court heard Mr Lynn released a prisoner from holding cells who then went to the day room. Mr Lynn later escorted him to the foyer.

As Read More


Girl had nightmares after Garda house raid

25th July

A three-year-old girl suffered nightmares after garda had attempted to enter her home by force at night, a judge was told yesterday.

Ruby Whearity was upstairs with her mother when garda? had been let into her home by her father in January last year, only for them to find they were in the wrong house.

Barrister Bebhin Sparks told the Circuit Civil Court that a garda had gone upstairs and there were others in the house and garden, before they realised they had attempted to enter the incorrect address.

She told Mr Justice Matthew Deery that liability with regard to the error was not an issue and while Ruby, whose home is in Chapel Close, Balbriggan, Co Dublin, had been extremely distressed by the incident, her anxieties had resolved within a matter of months.

Ms Sparks said Ruby, who is now aged four, had? Read More


Court rules insurer not directly liable to third party

24th July

An Insurer is not liable for any injury caused to a third party by any negligent driving of a person when driving a vehicle with the owner?s consent but without being a named driver on their policy, the Supreme Court has ruled.

The insurance firms liability is to the insured and is not a liability owed directly to the injured party, the five-judge court said.

It was ruling on a legal point raised by a man arising from his District Court conviction for driving his father?s car without insurance. Keith Donnelly was convicted in February 2008 of driving his father Eugene Donnelly?s car without cover on January 27th, 2007, at Fairgreen, Carlow.

The car was insured under a policy issued by AXA Insurance Ltd to Eugene Donnelly with himself and his wife as named drivers. Keith Donnelly was not named. When stopped by Read More


Garda awarded over E5,000 in compensation after being punched by drunk woman

24th July

HIGH COURT: A 34-year-old female garda, who was stunned when an intoxicated woman she was searching punched her on the nose, has been awarded more than E5,000 in damages at a High Court Garda compensation hearing.

Garda Shauna Keane, of Cappahard, Tulla Road, Ennis, Co Clare, told Ms Justice Mary Irvine that she was searching a woman in a private room when the prisoner lashed out at her.

Garda Keane said she had been stationed in Waterford Road Garda station, Cork city, on November 3rd, 2005, when she was called to a disturbance at Gurranabraher, where three prisoners, including the woman, were being held. Garda Keane said she suffered a lot of pain to her face and nose and had been off work for six weeks. Her doctor had referred her to an ear, nose and throat specialist who had carried out Read More


Singer sues noted historian over alleged depiction as alcoholic

20th July

An Irish traditional singer is suing historian Prof Diarmaid Ferriter claiming the cover of the academics book on the Pioneers depicts him as an alcoholic.

Tim Lyons, Athenry, Co Galway, claims a photo of him with two pints of stout on the cover of Prof Ferriter?s A Nation of Extremes ? The Pioneers in Twentieth Century Ireland depicts him as an alcoholic. He is also suing the books publisher, Irish Academic Press.

Ennis Circuit Court heard Prof Ferriter said he had no input into the selection of the photograph.

Dismissing Prof Ferriter?s application to have the action struck out, Judge Gerald Keys said: How could I deal with the defence of innocent publication without hearing from everyone?

You would have to have a full trial of the action to establish if the author is entitled to that relief. Peter Clein, for Mr Lyons, said Read More


Mistaken theft claim costs shop E70,000

18th July

A mistaken accusation of theft against a group of six ?browsing? schoolgirls has cost a Dublin shop E70,000 in damages and legal costs for slander and false imprisonment.

Circuit Court president Mr Justice Matthew Deery yesterday approved a E7,500 settlement offer by Claires Accessories UK Ltd to mother-of-one Jacqueline OReilly (17).

Barrister David Conlan Smyth told the Circuit Civil Court it was the sixth case he had settled in relation to a single incident in the companys store at the Ilac Centre, Dublin, in October 2008. He said the cases against Claires Accessories UK had been settled for E7,500 each, with costs. Legal costs for such cases in the Circuit Civil Court average between E4,000 and E5,000.

Mr Conlan Smyth said Ms O?Reilly, St Theresa?s Gardens, Donore Avenue, Dublin, had been browsing in the shop, which specialises in jewellery and accessories, with five? Read More


Boy hit over head with metal stool awarded E9,000 damages

18th July

A 16-year-old schoolboy who was hit over the head with a steel stool by another student has been awarded E9,000 damages in the Circuit Civil Court.

Ivan Daly, for Daniel Mulligan, Sillogue Park, Ballymun, said the boy had been assaulted initially in the corridor of Trinity comprehensive secondary school, Ballymun, Dublin, in October last year.

Shortly afterwards he had been hit on the head in a classroom with a stool by another student. The blow caused a three-inch cut to the boys scalp which required eight stitches.

Mr Daly said Daniel and his fellow pupils were being supervised at the time and there was a possibility the case could be lost on failure to prove negligence.

He said he was happy to recommend the Circuit Civil Court?s approval of a E9,000 settlement offer by the school.

Circuit Civil Court president Mr Justice Matthew Deery directed? Read More


Man who had to give up deep sea fishing after fall awarded E257,000

18th July

A COUNCIL worker who had to give up deep sea fishing and playing the bagpipes after he tripped over an electrical cable while walking on a footpath carrying a ladder is to get some ?257,000 damages following a High Court ruling yesterday.

Ms Justice Mary Irvine reduced the total ?342,799 award by one-quarter to just over ?257,000 after finding there was contributory negligence to that extent on the part of Liam Murray.

Mr Murray (55), Cleggan Road, Ballyfermot, Dublin, had sued the ESB as a result of the accident at Beach Road, Sandymount, Dublin, on August 17th, 2009.

He claimed he was walking along the road when he fell on electrical cabling emerging from under the path at the base of a street lamp. He claimed the ESB was negligent in allowing electrical cable to be on the pathway.

As a result of injuries? Read More


Garda awarded E90,000 over vicious assault at racecourse

17th July

Two race-goers headbutted, punched and then kicked a garda in the back as she lay on the ground at the entrance to the Curragh Racecourse, Co Kildare, a judge heard yesterday.

Garda Sgt Alma Molloy, formerly of Ramsgrange, New Ross, Co Wexford, and now stationed in Kilkenny city, was awarded nearly E90,000 damages by Ms Justice Mary Irvine in a High Court Garda Compensation hearing nearly 10 years after the incident.

She is now aged 36, Barrister Colm P Condon, SC, for Sgt Molloy, told the court she had been called to help colleagues restrain a man and a woman who were behaving in a hostile and aggressive manner and who also appeared to be drunk.

Ms Justice Irvine said Sgt Molloy still experienced chronic discomfort in her neck and lower back, had given up running and had not gone back to playing? Read More


Pregnant woman made redundant awarded E20,000

17th July

A WOMAN made redundant from an accountancy firm when six months pregnant has been awarded ? 20,000 in compensation for discriminatory dismissal.

The Equality Tribunal found that KA Accountants and Financial Advisors had discriminated against its former employee on the grounds of gender.

The woman worked at the company for more than 2? years until she was selected for redundancy in May 2009.

Her job involved managing client bank reconciliations and preparing accounts. She claimed she had been given the ?cold shoulder? by one of the firm?s partners after she told the company she was pregnant in March 2009, the tribunal heard. This was denied by the company.

In April 2009 she and a colleague were told that their section was not performing efficiently and their situation would be reviewed.

In May 2009 she was told her position was being made redundant due to the? Read More


Ulster Bank to pay tens of millions in compensation

16th July

Ulster Bank is planning to pay out ?tens of millions of euros? in compensation to customers affected by a technical problem at the bank.

Chief executive Jim Brown said bank was talking to the Financial Regulator about how to apply the compensation but admitted a considerable sum of money, valued at ?tens of millions of euros?, had been set aside. Details of the compensation scheme will be announced shortly.

He said customers had been severely inconvenienced as a result of the problem and the bank would refund any incorrectly applied fees and charges and ensure customers? credit ratings were not damaged.

Mr Brown said it could take several more weeks to finally clear the backlog of transactions built-up during the technical fault.

He said most Ulster Bank customer accounts were now up-to-date, although a ?small percentage? of outstanding transactions and incidents of double-charging were? Read More


Client Awarded E25,000 from former Employer, Quarry & Mining Equipment Limited

16th July

Our client was employed in the area of supply and repair of mining equipment at Quarry & Mining Equipment Limited .? Due to a downturn in business and stating that our client lacked construction plant fitter qualifications, the Company made the decision to make our client?s role redundant. Our client claimed that a genuine redundancy situation did not exist and that the issue of qualifications had never been raised before.

Able Solicitors secured an award of E25,000 for our client as the Tribunal found that our client was fit to carry out further works on a contract Quarry & Mining Equipment Limited held, therefore the Tribunal agreed to award our client E25,000 compensation.

 


Panda land sale case settled

13th July

HIGH COURT: A farmer?s action against a waste-recycling firm over an alleged failure to complete a deal to buy some of his land for ?1.8 million has been settled, the High Court has heard.

Gerard Lynch had claimed he entered an agreement in 2009 to sell 12 acres of his land to the owners of Panda Waste for the purpose of extending their facility neighbouring the Lynch property at Beauparc, Navan, Co Meath.

Mr Lynch and his wife Anna Maria had sued Nurendale Ltd, trading as Panda, and a director and shareholder, Eamon Waters, over their alleged failure to complete the contract. The defendants also counter-claimed against the Lynches.

Patrick Butler SC, for the couple, said yesterday the case had settled. No details were given.


Broker alleges hair fell out due to trauma after being thrown from horse

11th July

AN INSURANCE broker who went bald and lost his eyebrows and eyelashes allegedly as a result of suffering trauma following a riding incident on holiday has settled his High Court action.

David Jameson (50), York Road, D?n Laoghaire, Dublin, told the High Court his hair fell out in clumps eight weeks after the incident in Morocco in April 2006, in which he was thrown from a stallion.

Mr Jameson, a PhD student, had sued tour operator Sunway Travel Ltd, Marina House, Clarence Street, D?n Laoghaire, Dublin, as a result of the incident.

He claimed he suffered neck, shoulder and lower back injuries in the fall. He said his hair fell out eight weeks after the incident and he had lost his eyebrows and eyelashes later. The court heard he may be suffering from alopecia.

Sunway had denied the claims and pleaded contributory negligence by? Read More


Boy (7) awarded E17,700 damages

11th July

A boy, who suffered an injury to his lip in a creche when he was three years old has been awarded ?17,700 damages in the Circuit Civil Court in respect of a Personal Injury Claim.

Bernard Rogan, counsel for Luke Hyland, Russell View, Tallaght, now aged seven, said the boy had run into the back of a chair on December 19th, 2008.

The judge heard that Mr Rogan, at an earlier hearing, had convinced the court not to approve a lower assessment of the injuries board.

Mr Rogan said he had since negotiated an improved offer of E17,700 together with full legal costs and a further E1,137 towards fees and expenses.

The boy had made a full recovery apart from a mildly noticeable permanent mark on his lip.


Former garda awarded E18,000 in compensation over headbutting incident

10th July

A prisoner who in 2007 called Joe Duffy?s Liveline radio programme from his jail cell had headbutted a garda prior to his incarceration for armed robbery, a judge heard yesterday.

Former garda Ray Carey told Ms Justice Mary Irvine in the High Court the headbutting happened on St Patrick?s Day in 2003 at Tolka Valley Park, where he had been called to help colleagues arrest three men. He said one of the men had been the late John Daly, who telephoned the radio show from his cell.

Mr Carey said Daly had been murdered shortly after his release from prison.

Mr Carey (31), of Esker Park, Lucan, Co Dublin, told the judge he resigned from the garda in 2004 and had taken up work with the Department of Social Welfare. Judge Irvine awarded Mr Carey E18,000 compensation


Personal Injury Circuit Court Action

4th July

Able Solicitors have secured an award in the amount of E17,845.70 plus costs in a Personal Injury Circuit Court Action against Dublin Airport.

Our Client tripped and fell on a barrier base during the construction of Terminal 2 which resulted in our client injuring her back and foot.

Judge Linnane decided that the Defendants were negligent in failing to properly explain that the area was no longer accessible to pedestrians and therefore held the Defendants liable.


Son entitled to E315,000 from will

4th July

The High Court has ruled that a retired man is entitled to ?315,000 from his late mother?s estate after finding she had failed to make proper provision for him.

Mr Justice Roderick Murphy made a declaration under section 17 of the Succession Act 1965 that the late Mary Boyle, who died in April 2001, had failed in her moral duty to make provision for one of her sons, Walter Boyle.

In her will, Mrs Boyle, whose husband, the late John Boyle, died in 1992, left all her interest in the licensed premises at the Square, Kildare, Co Kildare to her son Jarlath. That interest included shares in John Boyle Ltd, the company operating the pub business, stock, all business debts due to Mrs Boyle, a dwelling house, and the contents and furniture of the house.

Yesterday, Mr Justice Murphy ruled that Walter Boyle? Read More


Driver of vehicle in hit-and-run death urged to come forward

3rd July

Garda? yesterday appealed to the driver of a vehicle involved in a hit-and-run incident causing the death of a 42-year-old cyclist in Co Kerry to come forward.

He had been training for next weekend?s Ring of Kerry charity cycling event.

Paudie O?Leary, a married father of four from Leamyglissane, Gneeveguilla, died after being struck as he cycled on the road from Killarney to Gneeveguilla, between 8am and 10am, on Sunday. His body was found after a search for him began.

Garda? in Kanturk, Co Cork, are investigating. Insp Gerry Lacey said: ?I would say to the driver, or anyone with information, to come and talk to us. It is possible that the person who hit the cyclist panicked and left the scene, he said.

Appealing for public assistance, he said someone in the wider community knew who had been driving the vehicle, or knew? Read More


Woman injured when hit by bus gets E900,000 settlement

28th June

A woman who suffered a head injury and was left blind in one eye after she was hit by a bus in Dublin city is to receive ?900,000 in settlement of her High Court action.

Cam My Lam (65), Ongar Park, Clonsilla, Dublin, was walking at St Stephen?s Green, Dublin, on January 13th, 2009, when she was hit by a bus and knocked unconscious. Ms Cam, a native of Vietnam, sued Dublin Bus claiming she suffered serious personal injuries due to alleged negligence and breach of duty. The claims were denied.

She also claimed she was unable to resume work as a babysitter and had had difficulty in looking after her autistic son since.

Her counsel told the High Court his client could not see from her right eye and her left eye vision was blurred. She had also lost her sense of? Read More


Woman trapped on bus after Luas collision settles her case

27th June

A woman who was trapped on a bus when a Luas tram collided with it on Dublin?s O?Connell Street has settled her High Court action.

Frances Kelly (76), of Tolka Road, Ballybough, Dublin, was a passenger on the No 16 bus when the crash occurred at the junction of Middle Abbey Street and O?Connell Street on September 16th, 2009 injuring 21 people. Ms Kelly was trapped on the bus for about 30 minutes, and suffered multiple crush injuries, including fractures to her knee, wrist and nose.

Ms Kelly had sued Veolia Transport Ireland Ltd, operators of the Luas service, who had denied her claims, including claims of negligence and breach of duty.

When the case was called before Ms Justice Mary Irvine yesterday she was told the matter had been settled and could be struck out. It is understood Ms Kelly is to? Read More


Syringe Injury at Dublin City Centre Hotel

27th June

31-year-old Dublin man feared he would contract a blood-borne infectious disease after sitting on a syringe needle in the city?s North Star Hotel, a judge was told in court yesterday.

Judge Alison Lindsay awarded Derek Ledden ?10,000 damages and costs against the hotel owner, BC McGettigan Limited, which has its registered office at Waterloo Lane, Ballsbridge, Dublin.

Mr Ledden told the judge in the Circuit Civil Court that he had to abstain from having sex with his girlfriend until he received a HIV and hepatitis all-clear six months after the incident and it had strained their relationship.

Barrister John Moher said Mr Ledden, of Upper Oriel Street, Dublin, had suffered a traumatic experience six years ago when his brother, Stephen, had been murdered in a mistaken identity shooting at their home.

The judge said a needle had been found on the floor and there? Read More


Settlement of E380,000 for girl injured at birth

27th June

A teenage girl who suffered a shoulder injury at birth is to receive ?380,000 under a settlement of her High Court action made without admission of liability.

Mary Griffin (15), Shanacloon, Fermoy, Co Cork, through her father Donal, had sued a consultant obstetrician, Patrick Kieran, Orchard Road, Cork, and Bon Secours Health System Ltd, College Road, Cork, over alleged negligence during her birth at the Bon Secours Hospital, Cork, in 1997.

It was claimed Ms Griffin sustained a permanent injury to her left shoulder during her delivery and now suffers from Erb?s palsy. It was alleged Dr Kieran failed to identify the risk of shoulder dystocia prior to or during the delivery.

The claims were denied.


Schoolgirl awarded E17,500 for injury due to discarded syringe in hotel bedclothes

27th June

A schoolgirl who was injured by a discarded syringe needle in the bedclothes of her Dublin hotel has been awarded E17,500 in the Circuit Civil Court.

The court heard as Amy Kane (then 12) was settling into bed at Castleknock Travel Lodge, Dublin, on June 6th, 2009, she was pricked on the elbow by the needle in the bed linen. Amy, Dundonald, Belfast, was taken to the hotel reception, where first aid was applied to a bleeding wound on her arm.

Circuit Court president Mr Justice Matthew Deery was told that after returning home the next day, Amy attended her GP in Northern Ireland. Tests were later carried out at the Ulster Hospital in Dundonald to see if she had contracted a blood-borne disease.

Mr Justice Deery heard she had to wait three months for test results, which were negative for hepatitis and? Read More


Repossession Orders

27th June

TWELVE ORDERS for possession were granted at the High Court yesterday, including six against a man who claimed the court was acting on a ?whim? and ?at the behest of the bank?.

The investor landlord and his wife had taken out a loan from ACC Bank secured against eight properties in Meath and Louth in 2006.

After running into difficulties, they sold two of the properties in 2009.

The proceeds were used to clear their arrears and the balance was paid towards their debt. But they fell behind with repayments again and the Commercial Court subsequently gave a judgment against the couple for ?1.9 million and a receiver was appointed to the properties. They now owed ?2.1 million, counsel for the lender said.

The defendant told Miss Justice Elizabeth Dunne he and his wife had an agreement with the bank that the balance of? Read More


Personal Injury? Chemical Fluid

27th June

A 29-year-old barmaid was burned by a chemical fluid that leaked from a bottle while she worked at Howl at the Moon nightclub, Lower Mount Street, Dublin, a judge heard yesterday.

Barrister Noel Cosgrove told the Circuit Civil Court that on November 2nd, 2006, Magdalena Klimkiewicz of Bertram Court, Lamb Alley, Christchurch, was filling bottles with cleaning fluid when the incident happened.

She had been pouring water into a bottle containing sodium hydroxide, a detergent, when steam and hot liquid burst from it, burning her right arm and hands. She was taken to the emergency unit of St Vincent?s University Hospital, Dublin. She returned to work a week later.

Ms Klimkiewicz sued Mount Street Pub Ltd, trading as Howl at the Moon, which is now in receivership, for negligence.

Mr Cosgrove said a judgment against the pub owners had been obtained earlier on the? Read More


E4.25 Million Personal Injury Settlement

27th June

A E4.25 million settlement has been approved by the High Court for a boy who is paraplegic as a result of devastating injuries suffered by him six years ago, when a car driven by his mother was involved in a head-on collision with a truck.

Sean McCullagh, now 10, was a back-seat passenger in a belted-in booster seat in the car at the time of the crash, which occurred on Ballycoolin Road, Blanchardstown, Dublin, in February 2006 when his mother swerved to avoid a pothole. He suffered catastrophic injuries.

Mr Justice Gerard Hogan in the High Court heard that the truck driver was exonerated of any blame in the matter.

Sean, through his father Rory, Summerfield Avenue, Blanchardstown, had brought proceedings against his mother as the insured driver of the car.

Liability was accepted and the case was before Mr Justice Hogan for assessment? Read More


Medical Negligence

27th June

THE FAMILY of a woman whose lung cancer was only detected after her death have accused the hospital where she died of systems failure and of dismissing their concerns during the womans final days.

An inquest into the death of Teresa Doyle (50), Marian Avenue, Carrick-on-Suir, Co Tipperary, heard she died from a rare form of lung cancer that can be difficult to detect but her niece was told in the weeks before she died cancer was not on the radar as far as the doctors were concerned.

Evidence was given that Ms Doyle was treated for uterine cancer in 1997, was a lifelong smoker and was admitted to South Tipperary General Hospital in Clonmel in May 2007, suffering shortness of breath, vomiting, severe pains, inability to swallow food, dehydration and fainting.

It was her third admission to the hospital since April 24th,? Read More


Defamation

27th June

DECISION OF THE PRESS COUNCIL: THE PRESS Ombudsman has decided to uphold a complaint by Mr Patrick Kelly that an article published in The Irish Times on 22 July 2011 about a legal case in which he was involved was in breach of the Code of Practice for Newspapers and Magazines.

The article, headlined ?Teacher loses challenge to UCD course ruling? was a brief summary of a lengthy and complex decision by the Court of Justice of the European Union on a number of issues referred to that Court by the High Court in Ireland in connection with a long-running legal case involving the complainant and the authorities of University College, Dublin.

Shortly after receiving a letter of complaint from the complainant the newspaper published, without further reference to the complainant, a statement in its ?Corrections and Clarifications? column, about the article? Read More


Court awards E100,000 for facial injuries from nightclub incident

27th June

A MAN has been awarded ?100,000 damages at the High Court over serious facial injuries suffered after he fell through a glass door during an incident outside a Co Donegal nightclub.

Paul Brady (37), a painter and decorator, of The Beeches, Ballybofey, Donegal, was left with severe disfiguring scars to his face after the incident, which started when he tried to break up a fight as he and some friends left Stampies nightclub in Ballybofey on October 27th, 2002.

He had alleged negligence against Bridget Heeney and her sons Terence Michael and Aidan Heeney as owners and operators of the nightclub. He claimed that, at the time of the incident, they were owners of a premises close to the nightclub?s exit, and he had fallen through a glass door of that premises.

Mr Brady told the court that, on the night of the? Read More


E25,000 Personal Injury Award

20th April

A lady who underwent treatment to have lip-line cosmetic surgery ended up with a tattoo in the wrong place over her lip has secured E25,000 damages/compensation at the High Court.

She took a personal injury claim against the Cosmetic Company, Advanced Cosmetic Surgery Limited as she had suffered a botched job leaving permanent disfigurement to the lower lip.
Damages were assessed at E25,000, including special damages to include the price of the original procedure at E254 and E700 for lip pencils and make-up used to disguise the tattooed line.
Mr Justice Eamon de Valera said it was clearly very traumatic for Ms McCaffrey at the time.


Unfair Dismissal

20th April

A Co Meath man has awarded E85,000 compensation for unfair dismissal in September 2009 as manager of The George pub and nightclub in Dublin.

Mark Keogan, Kells Road, Navan, Co Meath, had sued Vikram Ltd, which trades as Capital Bars, owner of The George and two other Dublin bar clubs, Caf? en Seine and Howl at the Moon, all of which are in receivership.

Francis Drumm, for Mr Keogan, told the Circuit Civil Court that the Employment Appeals Tribunal had decided Mr Keogan had been unfairly dismissed and directed that he be reinstated in his job as manager of the Georges Street venue.

Tom Mallon, for Vikram Ltd and the receiver, told Circuit Court president Mr Justice Matthew Deery that the receiver was appealing the tribunal?s decision. The company was wholly insolvent and in receivership since November 2009.

Mr Justice Deery said Mr Keogan ? Read More ?


Pub Manager awarded compensation for unfair dismissal

20th April

A pub manger was awarded E85,000 by the Employment Appeals Tribunal in relation to an Employment Claim he took against his former employer, The George Nightclub in Dublin, in respect of unfair dismissal.

The Defendant?s in this employment claim appealed the decision of the Employment Appeals Tribunal and brought the appeal before the Circuit Court.

President of the Circuit Court Mr. Justice Matthew Deery found that the Plaintiff was in fact unfairly dismissed and awarded him compensation in the sum of E85,000, as per the Employment Appeals Tribunals direction.


Labourer awarded compensation for tractor injury

20th April

A Labourer working on a Stud Farm was awarded damages in the sum of E86,000 in respect of his personal injury action.

Mr. Justice Sean Ryan made an assessment of the personal injury award in the sum of E172,500 but concluded that the Plaintiff was 50% responsible for his accident, and therefore he halved the sum due to 50% contributory negligence.

Mr. Justice Sean Ryan ruled that the Defendants in this matter were indeed in breach of their statutory duty to provide safe equipment for the Plaintiff.


E8,500 Awarded for Personal Injury Action

20th April

A seven-year-old boy crunched his teeth into a metal screw buried in a piece of black pudding, a court was told yesterday.

Jennifer Murphy, for Daniel Hendricken, said the incident happened in August 2010. Ms Murphy said Daniel (now nine), Foxdene Green, Lucan, Co Dublin, loosened some of his teeth on the left side of his mouth when he chewed on the screw.

He had been given initial first aid and taken to his local dental clinic on his return home. He was referred to the Dublin Dental Hospital for specialist treatment.

His mother, Denise Hendricken, sued the pudding manufacturer, Loughnane?s of Galway and took a personal injury action on her son?s behalf.

Ms Murphy told Circuit Court president Mr Justice Matthew Deery that Se?n Loughnane (Galway) Ltd had offered Daniel compensation of E8,500 which she was recommending to the court.

She said the boy ? Read More ?


Charity Law-Dealing with the Death of a Charity

10th January

Dealing with the Death of a Charity by Joanne McInerney Solicitor & Notary Public

The Irish Times March 2012

Like all bereavements, the end of a charity?s life can be a distressing and complicated time, not least because of the legal pitfalls and governance issues surrounding same.

With the onslaught of the economic recession in Ireland, many charities experiencing a drought in their financial resources and income generating activities have had to deal with the winding up of their charities. The death of a charity can leave donors, beneficiaries, directors and trustees alike reeling in the aftermath with the accountability and governance post-mortem that is bound to be carried out.

The directors or trustees of a charity which has become insolvent or bankrupt today face increasing obligations and responsibilities to make sure that all measures have been correctly adopted to ensure that the members … Read More »


Injunction granted against landlord

8th January

The landlord of a well-known Dublin guesthouse has barricaded himself inside the premises and has refused to let anyone in, the High Court heard yesterday.

Desmond Killoran, who owns the Leeson Bridge Guest House at Upper Leeson Street, Dublin, last week occupied the guesthouse’s reception hall and has nailed shut the front and rear doors and the emergency fire exit.

The court heard Mr Killoran claims the terms of a lease agreement he entered into with the guesthouse’s operator, Derek Byrne, has been breached. Mr Byrne, who for the last number of years has operated the 19-room guesthouse which caters for 38 guests and employs about nine staff, denies that claim.

Mr Byrne, in an affidavit, said Mr Killoran has taken this action in a bid to prevent receivers, appointed last month by AIB over Mr Killoran’s interest in the premises, from collecting … Read More »


Revenue Commissioners – Property Tax

8th January

The Revenue Commissioners have expressed confidence there will be a complete register of the 1.6 million-plus households liable for local property tax by the time the new charge becomes payable in July this year.

Revenue has indicated it will use additional powers under property tax legislation to obtain information from utility providers such as gas and electricity companies that will supplement its own database.

It will also use registry data from last year’s household charge, data from the non-principal private residence annual charge, and information supplied by the private residential tenancies boards.

“This will allow us to contact liable persons in March 2013,” stated Revenue on its website, indicating the register will be completed by the end of 2013 and virtually all residential properties in the State will be captured.

The disclosure suggests that Revenue will overcome one of the obstacles faced by the … Read More »


Man fined €1,250 for careless driving in fatal crash

2nd November

A farmer who ran over an elderly German tourist with his 1980- registered tractor at one of the country’s best-known tourist spots was fined €1,250 yesterday.

At Ennis Circuit Court, Judge Gerald Keys said that banning John Boyce (57), Moyhill, Cratloe, Co Clare, a father of two, from driving would be akin to taking tools from a tradesman.

At the court earlier last month, a jury unanimously found Boyce guilty of careless driving relating to the fatal crash of his Massey Ferguson tractor into Inge Schmidt (76) at a pedestrian crossing at Low Road, Bunratty, on October 29th, 2010.

Boyce was tried on the charge of dangerous driving causing the death of Ms Schmidt but the jury unanimously cleared him of that.

At the sentencing hearing yesterday, Judge Keys said there were a number of aggravating factors.

These included the condition of Boyce’s tractor, in … Read More »


Birth injury case settled

1st November

A young boy who allegedly suffered a shoulder injury during his birth at a Cork hospital is to receive €275,000 under a settlement of his High Court action against the HSE.

Seán Daly (8), Kinvara Park, Ballyvolane, Cork, had, through his father Denis, alleged he suffered the injury during his delivery at St Finbarr’s Hospital, Cork, on October 8th, 2004.

Yesterday, Dr John O’Mahony SC, for the child, told Ms Justice Mary Irvine the settlement was made without admission of liability.


High Court Action for Damages

1st November

A WOMAN who fell on her way into a parish hall to vote in a referendum has lost her High Court action for damages over the incident.

Anne Cassidy (68), Crickstown, Ratoath, Co Meath, sued Fr Philip Gaffney, the parish priest of Curraha, Ashbourne, Co Meath; Mary O’Malley, returning officer for East Meath in the referendum; and the Department of Environment, Heritage and Local Government as the owner/occupier of the hall on the day of the accident.

The High Court was told Mrs Cassidy, a housewife, went with her husband Patrick to Curraha parochial hall on October 2nd, 2009, to vote in the second Lisbon referendum.

At the entrance door, she tripped and fell when her toe caught on a raised weather strip at the step into the hall, the court heard.

Mrs Cassidy claimed she suffered injuries and the defendants were negligent in … Read More »


Man told to pay assault victim ?9,000

1st November

A MAN who walked next door and punched his neighbour in the mouth has been told by a judge to pay him ?9,000 compensation.

Siobhán Gaffney, for Barry Matthews, told the Circuit Civil Court that her client admitted the assault on electrician Andrew McDermott in July 2009.

Mr McDermott (48), St Conleth’s Road, Walkinstown, Dublin, told her that Matthews, who lived next door, had made some allegation about bullying involving their two sons.

“There was a knock at the door and I went out to answer it,” Mr McDermott said.

“Barry Matthews was standing at the door and punched me in the mouth.”

Mr McDermott told his barrister Abdulla Morgan Kamber that his left upper lip had been lacerated “through and through”. There had been blood everywhere and on the hall floor, which he did not want his children to see.

He had gone to St … Read More »


New Land Registry Fees Order Commencing 1st December 2012

31st October

On 28 September, 2012, the Land Registration (Fees) Order 2012 was signed by the Minister for Justice and Equality. This Order revokes the Land Registration (Fees) Order 1999 and introduces new fees for Land Registry services.

The Land Registration (Fees) Order 2012 also introduces new bands for the relevant fees relating to the consideration (value) of transfers on sale and includes details of fees for new services which are now offered by the PRA.

In general, fees for registrations and services which previously cost €25 and €85 will increase to €40 and €130 respectively. While direct comparisons of the scale fees are not possible due to a redrawing of the value bands, the registration fee on the transfer of an average priced house, based on current CSO information, will be €600 in the context of the new fees order.

The PRA is obliged … Read More »


Woman bringing first case over allegedly defective hip implants

30th October

A woman who had two hip replacement operations intends to bring what is expected to be the first of many cases over allegedly defective hip implants.

Irene Pierson is one of thousands of people who had DePuy Orthopaedics hip joints fitted in Irish hospitals before DePuy ordered a worldwide recall of the product in 2010. Yesterday the High Court was told Ms Pierson intended to bring an action against DePuy Inc and related companies, which allegedly supplied and manufactured the hip replacement product; Johnson Johnson Inc, which owns DePuy Inc; and the Health Services Executive.

Ms Pierson alleges she entered into a contract with the HSE in March 2007 to have a right hip implant manufactured by DePuy fitted and also entered into a contract in September 2008 to have a left hip implant fitted. It is alleged the DePuy products were … Read More »


Former garda awarded €300,000 over injury

27th July

A man who was punched in the head while a serving garda as he released a man from a Garda station was awarded more than €300,000 in damages by the High Court yesterday.

Ms Justice Mary Irvine said James Lynn, who was stationed at Castlebar station but has since been discharged from the Garda due to ill-health, had lost the career he fought so hard to get into.

As a result, Mr Lynn had lost his status in society and his injuries affected him every day, she said. The case was brought under the Garda Compensation Act by Mr Lynn who had been attached to Castlebar station at the time of the assault on June 23rd, 2001.

The court heard Mr Lynn released a prisoner from holding cells who then went to the day room. Mr Lynn later escorted him to the foyer.

As … Read More »


Girl had ‘nightmares’ after Garda house raid

25th July

A three-year-old girl suffered nightmares after gardaí had attempted to enter her home by force at night, a judge was told yesterday.

Ruby Whearity was upstairs with her mother when gardaí had been let into her home by her father in January last year, only for them to find they were in the wrong house.

Barrister Bebhin Sparks told the Circuit Civil Court that a garda had gone upstairs and there were others in the house and garden, before they realised they had attempted to enter the “incorrect address.”

She told Mr Justice Matthew Deery that liability with regard to the error was not an issue and while Ruby, whose home is in Chapel Close, Balbriggan, Co Dublin, had been extremely distressed by the incident, her anxieties had resolved within a matter of months.

Ms Sparks said Ruby, who is now aged four, had … Read More »


Court rules insurer not directly liable to third party

24th July

An Insurer is not liable for any injury caused to a third party by any negligent driving of a person when driving a vehicle with the owner’s consent but without being a named driver on their policy, the Supreme Court has ruled.

The insurance firm’s liability is to the insured and is not a liability owed directly to the injured party, the five-judge court said.

It was ruling on a legal point raised by a man arising from his District Court conviction for driving his father’s car without insurance. Keith Donnelly was convicted in February 2008 of driving his father Eugene Donnelly’s car without cover on January 27th, 2007, at Fairgreen, Carlow.

The car was insured under a policy issued by AXA Insurance Ltd to Eugene Donnelly with himself and his wife as named drivers. Keith Donnelly was not named. When stopped by … Read More »


Garda awarded over €5,000 in compensation after being punched by drunk woman

24th July

HIGH COURT: A 34-year-old female garda, who was stunned when an intoxicated woman she was searching punched her on the nose, has been awarded more than €5,000 in damages at a High Court Garda compensation hearing.

Garda Shauna Keane, of Cappahard, Tulla Road, Ennis, Co Clare, told Ms Justice Mary Irvine that she was searching a woman in a private room when the prisoner lashed out at her.

Garda Keane said she had been stationed in Waterford Road Garda station, Cork city, on November 3rd, 2005, when she was called to a disturbance at Gurranabraher, where three prisoners, including the woman, were being held. Garda Keane said she suffered a lot of pain to her face and nose and had been off work for six weeks. Her doctor had referred her to an ear, nose and throat specialist who had carried out … Read More »


Singer sues noted historian over alleged depiction as alcoholic

20th July

An Irish traditional singer is suing historian Prof Diarmaid Ferriter claiming the cover of the academic’s book on the Pioneers depicts him as an alcoholic.

Tim Lyons, Athenry, Co Galway, claims a photo of him with two pints of stout on the cover of Prof Ferriter’s A Nation of Extremes – The Pioneers in Twentieth Century Ireland depicts him as an alcoholic. He is also suing the book’s publisher, Irish Academic Press.

Ennis Circuit Court heard Prof Ferriter said he had no input into the selection of the photograph.

Dismissing Prof Ferriter’s application to have the action struck out, Judge Gerald Keys said: “How could I deal with the defence of innocent publication without hearing from everyone?

You would have to have a full trial of the action to establish if the author is entitled to that relief.” Peter Clein, for Mr Lyons, said … Read More »


Mistaken theft claim costs shop €70,000

18th July

A mistaken accusation of theft against a group of six “browsing” schoolgirls has cost a Dublin shop €70,000 in damages and legal costs for slander and false imprisonment.

Circuit Court president Mr Justice Matthew Deery yesterday approved a €7,500 settlement offer by Claire’s Accessories UK Ltd to mother-of-one Jacqueline O’Reilly (17).

Barrister David Conlan Smyth told the Circuit Civil Court it was the sixth case he had settled in relation to a single incident in the company’s store at the Ilac Centre, Dublin, in October 2008. He said the cases against Claire’s Accessories UK had been settled for €7,500 each, with costs. Legal costs for such cases in the Circuit Civil Court average between €4,000 and €5,000.

Mr Conlan Smyth said Ms O’Reilly, St Theresa’s Gardens, Donore Avenue, Dublin, had been browsing in the shop, which specialises in jewellery and accessories, with five … Read More »


Boy hit over head with metal stool awarded €9,000 damages

18th July

A 16-year-old schoolboy who was hit over the head with a steel stool by another student has been awarded €9,000 damages in the Circuit Civil Court.

Ivan Daly, for Daniel Mulligan, Sillogue Park, Ballymun, said the boy had been assaulted initially in the corridor of Trinity comprehensive secondary school, Ballymun, Dublin, in October last year.

Shortly afterwards he had been hit on the head in a classroom with a stool by another student. The blow caused a three-inch cut to the boy’s scalp which required eight stitches.

Mr Daly said Daniel and his fellow pupils were being supervised at the time and there was a possibility the case could be lost on failure to prove negligence.

He said he was happy to recommend the Circuit Civil Court’s approval of a €9,000 settlement offer by the school.

Circuit Civil Court president Mr Justice Matthew Deery directed … Read More »


Man who had to give up deep sea fishing after fall awarded €257,000

18th July

A COUNCIL worker who had to give up deep sea fishing and playing the bagpipes after he tripped over an electrical cable while walking on a footpath carrying a ladder is to get some €257,000 damages following a High Court ruling yesterday.

Ms Justice Mary Irvine reduced the total €342,799 award by one-quarter to just over €257,000 after finding there was contributory negligence to that extent on the part of Liam Murray.

Mr Murray (55), Cleggan Road, Ballyfermot, Dublin, had sued the ESB as a result of the accident at Beach Road, Sandymount, Dublin, on August 17th, 2009.

He claimed he was walking along the road when he fell on electrical cabling emerging from under the path at the base of a street lamp. He claimed the ESB was negligent in allowing electrical cable to be on the pathway.

As a result of injuries … Read More »


Garda awarded €90,000 over vicious assault at racecourse

17th July

Two race-goers headbutted, punched and then kicked a garda in the back as she lay on the ground at the entrance to the Curragh Racecourse, Co Kildare, a judge heard yesterday.

Garda Sgt Alma Molloy, formerly of Ramsgrange, New Ross, Co Wexford, and now stationed in Kilkenny city, was awarded nearly €90,000 damages by Ms Justice Mary Irvine in a High Court Garda Compensation hearing nearly 10 years after the incident.

She is now aged 36, Barrister Colm P Condon, SC, for Sgt Molloy, told the court she had been called to help colleagues restrain a man and a woman who were behaving in a hostile and aggressive manner and who also appeared to be drunk.

Ms Justice Irvine said Sgt Molloy still experienced chronic discomfort in her neck and lower back, had given up running and had not gone back to playing … Read More »


Pregnant woman made redundant awarded €20,000

17th July

A WOMAN made redundant from an accountancy firm when six months pregnant has been awarded € 20,000 in compensation for discriminatory dismissal.

The Equality Tribunal found that KA Accountants and Financial Advisors had discriminated against its former employee on the grounds of gender.

The woman worked at the company for more than 2½ years until she was selected for redundancy in May 2009.

Her job involved managing client bank reconciliations and preparing accounts. She claimed she had been given the “cold shoulder” by one of the firm’s partners after she told the company she was pregnant in March 2009, the tribunal heard. This was denied by the company.

In April 2009 she and a colleague were told that their section was not performing efficiently and their situation would be reviewed.

In May 2009 she was told her position was being made redundant due to the … Read More »


Ulster Bank to pay tens of millions in compensation

16th July

Ulster Bank is planning to pay out “tens of millions of euros” in compensation to customers affected by a technical problem at the bank.

Chief executive Jim Brown said bank was talking to the Financial Regulator about how to apply the compensation but admitted a considerable sum of money, valued at “tens of millions of euros”, had been set aside. Details of the compensation scheme will be announced shortly.

He said customers had been severely inconvenienced as a result of the problem and the bank would refund any incorrectly applied fees and charges and ensure customers’ credit ratings were not damaged.

Mr Brown said it could take several more weeks to finally clear the backlog of transactions built-up during the technical fault.

He said most Ulster Bank customer accounts were now up-to-date, although a “small percentage” of outstanding transactions and incidents of double-charging were … Read More »


Client Awarded €25,000 from former Employer, Quarry & Mining Equipment Limited

16th July

Our client was employed in the area of supply and repair of mining equipment at Quarry & Mining Equipment Limited .  Due to a downturn in business and stating that our client lacked construction plant fitter qualifications, the Company made the decision to make our client’s role redundant. Our client claimed that a genuine redundancy situation did not exist and that the issue of qualifications had never been raised before.

Able Solicitors secured an award of €25,000 for our client as the Tribunal found that our client was fit to carry out further works on a contract Quarry & Mining Equipment Limited held, therefore the Tribunal agreed to award our client €25,000 compensation.

 


Panda land sale case settled

13th July

HIGH COURT: A farmer’s action against a waste-recycling firm over an alleged failure to complete a deal to buy some of his land for €1.8 million has been settled, the High Court has heard.

Gerard Lynch had claimed he entered an agreement in 2009 to sell 12 acres of his land to the owners of Panda Waste for the purpose of extending their facility neighbouring the Lynch property at Beauparc, Navan, Co Meath.

Mr Lynch and his wife Anna Maria had sued Nurendale Ltd, trading as Panda, and a director and shareholder, Eamon Waters, over their alleged failure to complete the contract. The defendants also counter-claimed against the Lynches.

Patrick Butler SC, for the couple, said yesterday the case had settled. No details were given.


Broker alleges hair fell out due to trauma after being thrown from horse

11th July

AN INSURANCE broker who went bald and lost his eyebrows and eyelashes allegedly as a result of suffering trauma following a riding incident on holiday has settled his High Court action.

David Jameson (50), York Road, Dún Laoghaire, Dublin, told the High Court his hair fell out in clumps eight weeks after the incident in Morocco in April 2006, in which he was thrown from a stallion.

Mr Jameson, a PhD student, had sued tour operator Sunway Travel Ltd, Marina House, Clarence Street, Dún Laoghaire, Dublin, as a result of the incident.

He claimed he suffered neck, shoulder and lower back injuries in the fall. He said his hair fell out eight weeks after the incident and he had lost his eyebrows and eyelashes later. The court heard he may be suffering from alopecia.

Sunway had denied the claims and pleaded contributory negligence by … Read More »


Boy (7) awarded €17,700 damages

11th July

A boy, who suffered an injury to his lip in a creche when he was three years old has been awarded €17,700 damages in the Circuit Civil Court in respect of a Personal Injury Claim.

Bernard Rogan, counsel for Luke Hyland, Russell View, Tallaght, now aged seven, said the boy had run into the back of a chair on December 19th, 2008.

The judge heard that Mr Rogan, at an earlier hearing, had convinced the court not to approve a lower assessment of the injuries board.

Mr Rogan said he had since negotiated an improved offer of €17,700 together with full legal costs and a further €1,137 towards fees and expenses.

The boy had made a full recovery apart from a mildly noticeable permanent mark on his lip.


Former garda awarded €18,000 in compensation over headbutting incident

10th July

A prisoner who in 2007 called Joe Duffy’s Liveline radio programme from his jail cell had headbutted a garda prior to his incarceration for armed robbery, a judge heard yesterday.

Former garda Ray Carey told Ms Justice Mary Irvine in the High Court the headbutting happened on St Patrick’s Day in 2003 at Tolka Valley Park, where he had been called to help colleagues arrest three men. He said one of the men had been the late John Daly, who telephoned the radio show from his cell.

Mr Carey said Daly had been murdered shortly after his release from prison.

Mr Carey (31), of Esker Park, Lucan, Co Dublin, told the judge he resigned from the garda in 2004 and had taken up work with the Department of Social Welfare. Judge Irvine awarded Mr Carey €18,000 compensation


Personal Injury Circuit Court Action

4th July

Able Solicitors have secured an award in the amount of €17,845.70 plus costs in a Personal Injury Circuit Court Action against Dublin Airport.

Our Client tripped and fell on a barrier base during the construction of Terminal 2 which resulted in our client injuring her back and foot.

Judge Linnane decided that the Defendants were negligent in failing to properly explain that the area was no longer accessible to pedestrians and therefore held the Defendants liable.


Son entitled to €315,000 from will

4th July

The High Court has ruled that a retired man is entitled to €315,000 from his late mother’s estate after finding she had failed to make proper provision for him.

Mr Justice Roderick Murphy made a declaration under section 17 of the Succession Act 1965 that the late Mary Boyle, who died in April 2001, had failed in her moral duty to make provision for one of her sons, Walter Boyle.

In her will, Mrs Boyle, whose husband, the late John Boyle, died in 1992, left all her interest in the licensed premises at the Square, Kildare, Co Kildare to her son Jarlath. That interest included shares in John Boyle Ltd, the company operating the pub business, stock, all business debts due to Mrs Boyle, a dwelling house, and the contents and furniture of the house.

Yesterday, Mr Justice Murphy ruled that Walter Boyle … Read More »


Driver of vehicle in hit-and-run death urged to come forward

3rd July

Gardaí yesterday appealed to the driver of a vehicle involved in a hit-and-run incident causing the death of a 42-year-old cyclist in Co Kerry to come forward.

He had been training for next weekend’s Ring of Kerry charity cycling event.

Paudie O’Leary, a married father of four from Leamyglissane, Gneeveguilla, died after being struck as he cycled on the road from Killarney to Gneeveguilla, between 8am and 10am, on Sunday. His body was found after a search for him began.

Gardaí in Kanturk, Co Cork, are investigating. Insp Gerry Lacey said: “I would say to the driver, or anyone with information, to come and talk to us. It is possible that the person who hit the cyclist panicked and left the scene,” he said.

Appealing for public assistance, he said someone in the wider community knew who had been driving the vehicle, or knew … Read More »


Woman injured when hit by bus gets €900,000 settlement

28th June

A woman who suffered a head injury and was left blind in one eye after she was hit by a bus in Dublin city is to receive €900,000 in settlement of her High Court action.

Cam My Lam (65), Ongar Park, Clonsilla, Dublin, was walking at St Stephen’s Green, Dublin, on January 13th, 2009, when she was hit by a bus and knocked unconscious. Ms Cam, a native of Vietnam, sued Dublin Bus claiming she suffered serious personal injuries due to alleged negligence and breach of duty. The claims were denied.

She also claimed she was unable to resume work as a babysitter and had had difficulty in looking after her autistic son since.

Her counsel told the High Court his client could not see from her right eye and her left eye vision was blurred. She had also lost her sense of … Read More »


Woman trapped on bus after Luas collision settles her case

27th June

A woman who was trapped on a bus when a Luas tram collided with it on Dublin’s O’Connell Street has settled her High Court action.

Frances Kelly (76), of Tolka Road, Ballybough, Dublin, was a passenger on the No 16 bus when the crash occurred at the junction of Middle Abbey Street and O’Connell Street on September 16th, 2009 injuring 21 people. Ms Kelly was trapped on the bus for about 30 minutes, and suffered multiple crush injuries, including fractures to her knee, wrist and nose.

Ms Kelly had sued Veolia Transport Ireland Ltd, operators of the Luas service, who had denied her claims, including claims of negligence and breach of duty.

When the case was called before Ms Justice Mary Irvine yesterday she was told the matter had been settled and could be struck out. It is understood Ms Kelly is to … Read More »


Syringe Injury at Dublin City Centre Hotel

27th June

31-year-old Dublin man feared he would contract a blood-borne infectious disease after sitting on a syringe needle in the city’s North Star Hotel, a judge was told in court yesterday.

Judge Alison Lindsay awarded Derek Ledden €10,000 damages and costs against the hotel owner, BC McGettigan Limited, which has its registered office at Waterloo Lane, Ballsbridge, Dublin.

Mr Ledden told the judge in the Circuit Civil Court that he had to abstain from having sex with his girlfriend until he received a HIV and hepatitis all-clear six months after the incident and it had strained their relationship.

Barrister John Moher said Mr Ledden, of Upper Oriel Street, Dublin, had suffered a traumatic experience six years ago when his brother, Stephen, had been murdered in a mistaken identity shooting at their home.

The judge said a needle had been found on the floor and there … Read More »


Settlement of €380,000 for girl injured at birth

27th June

A teenage girl who suffered a shoulder injury at birth is to receive €380,000 under a settlement of her High Court action made without admission of liability.

Mary Griffin (15), Shanacloon, Fermoy, Co Cork, through her father Donal, had sued a consultant obstetrician, Patrick Kieran, Orchard Road, Cork, and Bon Secours Health System Ltd, College Road, Cork, over alleged negligence during her birth at the Bon Secours Hospital, Cork, in 1997.

It was claimed Ms Griffin sustained a permanent injury to her left shoulder during her delivery and now suffers from Erb’s palsy. It was alleged Dr Kieran failed to identify the risk of shoulder dystocia prior to or during the delivery.

The claims were denied.


Schoolgirl awarded €17,500 for injury due to discarded syringe in hotel bedclothes

27th June

A schoolgirl who was injured by a discarded syringe needle in the bedclothes of her Dublin hotel has been awarded €17,500 in the Circuit Civil Court.

The court heard as Amy Kane (then 12) was settling into bed at Castleknock Travel Lodge, Dublin, on June 6th, 2009, she was pricked on the elbow by the needle in the bed linen. Amy, Dundonald, Belfast, was taken to the hotel reception, where first aid was applied to a bleeding wound on her arm.

Circuit Court president Mr Justice Matthew Deery was told that after returning home the next day, Amy attended her GP in Northern Ireland. Tests were later carried out at the Ulster Hospital in Dundonald to see if she had contracted a blood-borne disease.

Mr Justice Deery heard she had to wait three months for test results, which were negative for hepatitis and … Read More »


Repossession Orders

27th June

TWELVE ORDERS for possession were granted at the High Court yesterday, including six against a man who claimed the court was acting on a “whim” and “at the behest of the bank”.

The investor landlord and his wife had taken out a loan from ACC Bank secured against eight properties in Meath and Louth in 2006.

After running into difficulties, they sold two of the properties in 2009.

The proceeds were used to clear their arrears and the balance was paid towards their debt. But they fell behind with repayments again and the Commercial Court subsequently gave a judgment against the couple for €1.9 million and a receiver was appointed to the properties. They now owed €2.1 million, counsel for the lender said.

The defendant told Miss Justice Elizabeth Dunne he and his wife had an agreement with the bank that the balance of … Read More »


Personal Injury – Chemical Fluid

27th June

A 29-year-old barmaid was burned by a chemical fluid that leaked from a bottle while she worked at Howl at the Moon nightclub, Lower Mount Street, Dublin, a judge heard yesterday.

Barrister Noel Cosgrove told the Circuit Civil Court that on November 2nd, 2006, Magdalena Klimkiewicz of Bertram Court, Lamb Alley, Christchurch, was filling bottles with cleaning fluid when the incident happened.

She had been pouring water into a bottle containing sodium hydroxide, a detergent, when steam and hot liquid burst from it, burning her right arm and hands. She was taken to the emergency unit of St Vincent’s University Hospital, Dublin. She returned to work a week later.

Ms Klimkiewicz sued Mount Street Pub Ltd, trading as Howl at the Moon, which is now in receivership, for negligence.

Mr Cosgrove said a judgment against the pub owners had been obtained earlier on the … Read More »


€4.25 Million Personal Injury Settlement

27th June

A €4.25 million settlement has been approved by the High Court for a boy who is paraplegic as a result of devastating injuries suffered by him six years ago, when a car driven by his mother was involved in a head-on collision with a truck.

Seán McCullagh, now 10, was a back-seat passenger in a belted-in booster seat in the car at the time of the crash, which occurred on Ballycoolin Road, Blanchardstown, Dublin, in February 2006 when his mother swerved to avoid a pothole. He suffered catastrophic injuries.

Mr Justice Gerard Hogan in the High Court heard that the truck driver was exonerated of any blame in the matter.

Seán, through his father Rory, Summerfield Avenue, Blanchardstown, had brought proceedings against his mother as the insured driver of the car.

Liability was accepted and the case was before Mr Justice Hogan for assessment … Read More »


Medical Negligence

27th June

THE FAMILY of a woman whose lung cancer was only detected after her death have accused the hospital where she died of “systems failure” and of dismissing their concerns during the woman’s final days.

An inquest into the death of Teresa Doyle (50), Marian Avenue, Carrick-on-Suir, Co Tipperary, heard she died from a rare form of lung cancer that can be difficult to detect but her niece was told in the weeks before she died cancer was “not on the radar” as far as the doctors were concerned.

Evidence was given that Ms Doyle was treated for uterine cancer in 1997, was a lifelong smoker and was admitted to South Tipperary General Hospital in Clonmel in May 2007, suffering shortness of breath, vomiting, severe pains, inability to swallow food, dehydration and fainting.

It was her third admission to the hospital since April 24th, … Read More »


Defamation

27th June

DECISION OF THE PRESS COUNCIL: THE PRESS Ombudsman has decided to uphold a complaint by Mr Patrick Kelly that an article published in The Irish Times on 22 July 2011 about a legal case in which he was involved was in breach of the Code of Practice for Newspapers and Magazines.

The article, headlined “Teacher loses challenge to UCD course ruling” was a brief summary of a lengthy and complex decision by the Court of Justice of the European Union on a number of issues referred to that Court by the High Court in Ireland in connection with a long-running legal case involving the complainant and the authorities of University College, Dublin.

Shortly after receiving a letter of complaint from the complainant the newspaper published, without further reference to the complainant, a statement in its “Corrections and Clarifications” column, about the article … Read More »


Court awards €100,000 for facial injuries from nightclub incident

27th June

A MAN has been awarded €100,000 damages at the High Court over serious facial injuries suffered after he fell through a glass door during an incident outside a Co Donegal nightclub.

Paul Brady (37), a painter and decorator, of The Beeches, Ballybofey, Donegal, was left with severe disfiguring scars to his face after the incident, which started when he tried to break up a fight as he and some friends left Stampies nightclub in Ballybofey on October 27th, 2002.

He had alleged negligence against Bridget Heeney and her sons Terence Michael and Aidan Heeney as owners and operators of the nightclub. He claimed that, at the time of the incident, they were owners of a premises close to the nightclub’s exit, and he had fallen through a glass door of that premises.

Mr Brady told the court that, on the night of the … Read More »


€25,000 Personal Injury Award

20th April

A lady who underwent treatment to have lip-line cosmetic surgery ended up with a tattoo in the wrong place over her lip has secured €25,000 damages/compensation at the High Court.

She took a personal injury claim against the Cosmetic Company, Advanced Cosmetic Surgery Limited as she had suffered a “botched job” leaving permanent disfigurement to the lower lip.
Damages were assessed at €25,000, including special damages to include the price of the original procedure at €254 and €700 for lip pencils and make-up used to disguise the tattooed line.
Mr Justice Éamon de Valera said it was clearly very traumatic for Ms McCaffrey at the time.


Unfair Dismissal

20th April

A Co Meath man has awarded €85,000 compensation for unfair dismissal in September 2009 as manager of The George pub and nightclub in Dublin.

Mark Keogan, Kells Road, Navan, Co Meath, had sued Vikram Ltd, which trades as Capital Bars, owner of The George and two other Dublin bar clubs, Café en Seine and Howl at the Moon, all of which are in receivership.

Francis Drumm, for Mr Keogan, told the Circuit Civil Court that the Employment Appeals Tribunal had decided Mr Keogan had been unfairly dismissed and directed that he be reinstated in his job as manager of the George’s Street venue.

Tom Mallon, for Vikram Ltd and the receiver, told Circuit Court president Mr Justice Matthew Deery that the receiver was appealing the tribunal’s decision. The company was wholly insolvent and in receivership since November 2009.

Mr Justice Deery said Mr Keogan … Read More »


Pub Manager awarded compensation for unfair dismissal

20th April

A pub manger was awarded €85,000 by the Employment Appeals Tribunal in relation to an Employment Claim he took against his former employer, The George Nightclub in Dublin, in respect of unfair dismissal.

The Defendant’s in this employment claim appealed the decision of the Employment Appeals Tribunal and brought the appeal before the Circuit Court.

President of the Circuit Court Mr. Justice Matthew Deery found that the Plaintiff was in fact unfairly dismissed and awarded him compensation in the sum of €85,000, as per the Employment Appeal’s Tribunal’s direction.


Labourer awarded compensation for tractor injury

20th April

A Labourer working on a Stud Farm was awarded damages in the sum of €86,000 in respect of his personal injury action.

Mr. Justice Seán Ryan made an assessment of the personal injury award in the sum of €172,500 but concluded that the Plaintiff was 50% responsible for his accident, and therefore he halved the sum due to 50% contributory negligence.

Mr. Justice Seán Ryan ruled that the Defendants in this matter were indeed in breach of their statutory duty to provide safe equipment for the Plaintiff.


€8,500 Awarded for Personal Injury Action

20th April

A seven-year-old boy crunched his teeth into a metal screw buried in a piece of black pudding, a court was told yesterday.

Jennifer Murphy, for Daniel Hendricken, said the incident happened in August 2010. Ms Murphy said Daniel (now nine), Foxdene Green, Lucan, Co Dublin, loosened some of his teeth on the left side of his mouth when he chewed on the screw.

He had been given initial first aid and taken to his local dental clinic on his return home. He was referred to the Dublin Dental Hospital for specialist treatment.

His mother, Denise Hendricken, sued the pudding manufacturer, Loughnane’s of Galway and took a personal injury action on her son’s behalf.

Ms Murphy told Circuit Court president Mr Justice Matthew Deery that Seán Loughnane (Galway) Ltd had offered Daniel compensation of €8,500 which she was recommending to the court.

She said the boy … Read More »