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.

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 »

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 »

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 »

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.

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.