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Tag: High Court


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 »


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 »


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 »


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 »


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 »


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 »


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 »