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Tag: Personal Injury


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 »


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.


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.


€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 »