By Mark Tottenham BL in Hanna J, Ireland High Court No Comments Tags: Personal injuries, Practice and procedure
Hayes v. McDonnell [2011] IEHC 530
(High Court, Hanna J, 15 December 2011)
High Court refuses to dismiss claim arising from alleged institutional abuse between 1949 and 1962.
Application to dismiss claim – alleged inordinate and inexcusable delay – complaints dating to period between 1949 and 1962 – claim arising from alleged physical and psychological abuse – convent school – industrial school – alleged More
By Mark Tottenham BL in Clarke J, Ireland Supreme Court No Comments Tags: Personal injuries, Road traffic law, Rules of evidence
Doyle v. Banville [2012] IEHC 25
(Supreme Court, Clarke J (nem diss), 1 May 2012)
Supreme Court allows appeal from dismissal of personal injuries claim in High Court, and remits matter for retrial on issue of liability.
Personal injuries – road traffic accident – plaintiff rendered paraplegic – collision between car and motorcycle – whether defendant negligent – dismissal of action in High Court (Lavan J) – role of appellate court in assessing evidence – weight given More
By Mark Tottenham BL in Charleton J, Ireland High Court No Comments Tags: Employment Law, Personal injuries
Quinn v. Bradbury [2012] IEHC 106
(High Court, Charleton J, 18 April 2012)
High Court awards professional horseman €126,410 for injuries sustained in course of employment, after 30% reduction for contributory negligence.
Personal injuries – professional horseman – workplace accident – fall from horse while jumping metal gate – instruction from employer to jump gate – duty of employer to take reasonable care for employee’s safety – s. 8, Safety, Health and Welfare at Work Act 2005 – what instruction was given – whether More
By Mark Tottenham BL in Coghlin LJ, Northern Ireland Court of Appeal No Comments Tags: Employment Law, Personal injuries
Hyndman v. Brown [2012] NICA 3
(Court of Appeal in Northern Ireland, Coghlin LJ (judgment of the court), 17 February 2012)
Northern Irish Court of Appeal dismisses appeal from High Court decision to dismiss workplace injuries action as against second named respondent, owner of machinery.
Personal injuries – injury in workplace – liability of second named respondent – appeal from NI High Court (Hart J) – award of STG£71,124.70 as against employer – dismissal of action as against owner of machinery – injuries sustained during More
By Mark Tottenham BL in Hogan J No Comments Tags: Personal injuries, Road traffic law
Carr v. Olas [2012] IEHC 59
(High Court, Hogan J, 15 March 2012)
High Court dismisses personal injuries claim arising from accident triggered by plaintiff’s “road rage”.
Personal injuries – road traffic accident – collision on roundabout leading to altercation – first defendant in car pursued by plaintiff on motorcycle following altercation – plaintiff banged on defendant’s car window and mirror – swerve More
By Mark Tottenham BL in Charleton J No Comments Tags: Employment Law, Personal injuries
Murphy v. Portroe Stevedores Ltd [2012] IEHC 48
(High Court, Charleton J, 15 March 2012)
High Court holds operator of container vessel, and not employer, responsible for injuries to stevedore after fall in hold.
Personal injuries – injury in workplace – fall in hold of container vessel – claim between defendants for indemnity or contribution – plaintiff employed by stevedoring firm – claim by employer against operator of vessel – condition of More
By Mark Tottenham BL in Kearns P No Comments Tags: Costs, Personal injuries
Bourbon v. Ward [2012] IEHC 30
(High Court, Kearns P, 17 February 2012)
High Court allows appeal from ruling of Taxing Master, and remits matter for proper determination of fees charged by plaintiff solicitor in settled personal injuries claim. (Full text.)
Taxation of costs – review of ruling by taxing master – Order 99 Rule 38(3), RSC – s. 27(3), Courts and Court Officers Act 1995 – appeal by personal injury defendants – €212,000 instruction fee for plaintiff’s solicitors – infant plaintiff More
By Mark Tottenham BL in Peart J No Comments Tags: Employment Law, Personal injuries
Donnelly v. LPB Building Services Ltd [2012] IEHC 17
(High Court, Peart J, 20 January 2012)
High Court dismisses claim for personal injuries sustained by plaintiff working in own garden, as he was not in the employment of the defendant at the material time. (Full text.)
Personal injuries – alleged workplace injury – injury to eye while cutting wire – no goggles – lack of training – lack of supervision – whether plaintiff in employ of defendants – renovation work to local authority houses, including plaintiff’s own More
By Mark Tottenham BL in Cross J No Comments Tags: Assessment of damages, Employment Law, Personal injuries
Kelly v. Bon Secours Health Systems Ltd [2012] IEHC 21
(High Court, Cross J, 26 January 2012)
High Court awards former employee €30,000 damages for injury to back and €60,000 compensation for stress and depression arising from bullying, harrassment and discrimination. (Full text.)
Personal injuries – employment – injuries to back sustained when carrying files – alleged harassment and bullying – lay litigant – failure to train in handling of weights – negligence – duty of care not to permit bullying – belief of plaintiff More
By Mark Tottenham BL in Denham CJ No Comments Tags: Employment Law, Negligence, Personal injuries
Coffey v. Kavanagh [2012] IESC 19
(Supreme Court, Denham CJ (nem diss), 7 March 2012)
Supreme Court finds on appeal from High Court that employee was 25% responsible for own injury in workplace, and reduces award from €54,900 to €44,175. (Full text.)
Personal injuries – accident in workplace – trip and fall causing fracture of wrist – whether plaintiff responsible for own injury – cluttered work area – failure to provide safe place of work – repeated complaints by staff that area not More