O Néill J

Plaintiff awarded damages for medical negligence, including lost inheritance.

By Mark Tottenham BL in O Néill J No Comments Tags: , , ,

Davoren v. HSE [2011] IEHC 460
(High Court, Ó Néill J, 21 December 2011)

High Court awards damages of €1,591,957.70 for fatal injuries arising from medical negligence, including €1,546,982 in lost inheritance where mother of deceased changed will after his death. (Full text.)

Medical negligence – assessment of damages – death intestate – actuarial practice – acceleration of benefit – whether deduction to be made on basis of income deriving from land rather than the capitalised value of the early receipt of the land More

General practitioner not negligent in failing to advise defendant to stop driving.

By Mark Tottenham BL in O Néill J No Comments Tags: , ,

McGarvey v. Barr [2011] IEHC 461
(High Court, Ó Néill J, 21 December 2011)

High Court dismisses third party claim against general practitioner in claim arising from road traffic accident, and holds that GP was not negligent in failing to advise defendant to stop driving. (Full text.)

Medical negligence – road traffic accident – catastrophic injuries – general practitioner joined as third party – claim for indemnity and / or contribution – whether GP negligent in certifying defendant as fit to drive – whether negligent in More

In Re Estate of Noel O’Brien – HC – Probate, caveat, will made in contemplation of marriage

By Mark Tottenham BL in O Néill J No Comments Tags:

In Re Estate of Noel O’Brien [2011] IEHC 327 (29 July 2011)

High Court (O’Neill J) refuses application to remove caveat, and holds that will made prior to marriage of deceased was made in contemplation of said marriage. (Full text.)

Probate – application to remove caveat – application for grant of administration intestate – will executed by deceased in October 2008 – marriage in July 2009 subsequent to execution of will – whether will made in contemplation of marriage – Section 85(1) of the Succession Act 1965 – extrinsic evidence.

“It is sufficient, in my view, if the evidence establishes that when the will was made, the testator actually had or must have had in contemplation a marriage to a particular person.”

Dunleavy v. Swan Park Limited – Hair loss, loss of earnings as artist, alleged fraudulent conduct of plaintiff

By Mark Tottenham BL in O Néill J No Comments Tags: ,

Dunleavy v. Swan Park Limited [2011] IEHC 232 (27 May 2011)

High Court (O’Neill J) awards €30,000 in general damages for hair loss arising from negligent treatment, together with €15,000 for loss of earnings as artist. (Full text.)

Personal injuries – hair dressing – “cut and colour” – hair breaking and falling out – contributory negligence – allegation that plaintiff warned not to have treatment done – lack of evidence – effect of damage on plaintiff – social and psychological sequelae – attack by defendant on character of plaintiff – alleged misrepresentation – history of depression – loss of earnings as artist – s 26, Civil Liability and Courts Act 2004 – whether evidence of fraudulent conduct – appropriateness of relying on section.

Courtney -v- Our Lady’s Hospital Ltd – Assessment of damages, nervous shock

By Mark Tottenham BL in O Néill J No Comments Tags: ,

Courtney -v- Our Lady’s Hospital Ltd [2011] IEHC 226 (O’Neill J, 27 May 2011)

High Court awards mother €150,000 in respect of nervous shock resulting from witnessing the death of her child, and €10,500 in respect of legal representation at the child’s inquest. (Full text.)

Medical negligence – assessment of damages – nervous shock – death of two-and-a-half year old child witnessed by mother – severe effect on mother – whether plaintiff entitled to recover cost of legal representation at inquest of her child – s. 49(2) of the Civil Liability Act 1961 – “other expenses actually incurred”.

Magee v. Farrell and Others [2009] 4 I.R. 703
Grant v. Roche Products (Ireland) Ltd. [2008] 4 I.R. 679
Condon v. Córas Iompair Éireann (Unreported, High Court, Barrington J, 16th November, 1984)

Barry a minor -v- National Maternity Hospital – Medical negligence, cerebral palsy, assessment of accommodation needs

By Mark Tottenham BL in O Néill J No Comments Tags: ,

Barry [a minor] -v- National Maternity Hospital [2011] IEHC 225 (O’Neill J, 13 May 2011)

High Court awards €735,177.70 as a measure of the future accommodation needs of a minor plaintiff with cerebral palsy resulting from medical negligence. (Full text.)

Medical negligence – assessment – cerebral palsy (spastic quadriplegia) – measure of accommodation needs for plaintiff during her lifetime – purchase and adaptation of dwelling house in plaintiff’s neighbourhood – whether measure is limited to additional expense of accommodation above expenses that would be incurred but for injury – whether defendant entitled to credit relating to accommodation that would have been provided for plaintiff during her minority.

Roberts v. Johnson [1989] C.A., p. 878
Doherty v. Bowaters Irish Wall Board Mills Limited [1968] I.R. 277
Willett v. North Bedfordshire Health Authority [1993] PIQR, Q 166

Teacher fails in harassment claim against employer.

By Mark Tottenham BL in Ireland High Court, O Néill J No Comments Tags:

O’Toole -v- County Offaly VEC [2011] IEHC 141 (O’Neill J, 15 April 2011)

High Court dismisses claim by teacher against VEC in respect of alleged harassment. (Full text.)

Claim for damages – injury to mental and physical health – infliction of emotional suffering – harassment, sexual harassment, intimidation and abuse – safe place or system of work – teacher in VEC – request for transfer – grievance procedure.

Member of Seanad Eireann succeeds in quashing disciplinary resolution.

By Mark Tottenham BL in Ireland High Court, O Néill J No Comments Tags: , ,

Callely -v- Moylan & Ors [2011] IEHC 2 (O’Neill J, 14 January 2011)

High Court grants order of certiorari of resolution of Seanad Eireann to discipline member, on grounds  that determination was ultra vires the respondent in that they misdirected themselves on the definition of “normal place of residence”.

Judicial review – resolution of Seanad Eireann – s 4(1)(c) Oireachtas (Allowances to Members) Act 1938 – “normal place of residence” – Committee on Members Interests – Standards in Public Office Act 2001 – statement of contravention – determination by More

No negligence established against bus driver.

By Mark Tottenham BL in O Néill J No Comments Tags: , ,

Farrelly [a minor] -v- Earley & Ors [2010] IEHC 409 (High Court, O Néill J, 3 November 2010)

High Court refuses claim for contribution between defendants on grounds that no negligence established against bus driver.

Personal injuries – road traffic accident – contribution between defendants – whether bus driver stopped in dangerous location – whether bus driver should have flashed his headlights or turned on hazard lights.

[Link to text on courts.ie.]

Suicide not caused by medical negligence.

By Mark Tottenham BL in Ireland High Court, O Néill J No Comments Tags: ,

Orpen -v- H. S. E. [2010] IEHC 410 (High Court, O Néill J, 27 October 2010)

High Court dismisses claim by dependents of person who took own life, on grounds that medical advisors did not fail in their duty of care to the deceased.

Fatal injuries – claim for damages by statutory dependents – suicide – decision to allow deceased to go home following suicide attempt – whether appropriate suicide risk assessment carried out.

[Link to text on courts.ie.]
Subscribe

Get every new post on this site delivered to your Inbox.

Join other subscriberss: