High Court Action for Damages
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
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 »
Former garda awarded €300,000 over injury
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 »
Mistaken theft claim costs shop €70,000
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
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
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
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 »
Boy (7) awarded €17,700 damages
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.
Syringe Injury at Dublin City Centre Hotel
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 »
Personal Injury – Chemical Fluid
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 »