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Tag: negligence


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 »


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 »


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 »


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.


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 »


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 »


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 »