Whiplash Claims Help News
Posted: March 10th, 2021
A €90,000 High Court Injury Compensation settlement has been awarded for a child who was left with cuts to her face after falling into brambles at her Montessori school.
Cara Faye O’Brien O’Keeffe, now aged six, took the legal action via her father Mark, of The Paddocks, Portrane Road, Donabate, Co Dublin, the child had taken proceedings against the Representative Body of the Church of Ireland and Louise Fitzsimons, trading as Deerpark Montessori School, Swords, Co Dublin.
They were seeking the compensation in relation to the lacerations and abrasions that she sustained to her face on April 19th 2018 when she fell into brambles while playing at her school. She was just three and a half years old when the incident occurred. They alleged that the brambles at the centre of the accident had been allowed to grow at the side of the play area where children were present. Additionally Cara was not under supervision at the time the accident occurred.
David Burke BL who was seeking approval of the personal injury compensation settlement offer on Monday for the plaintiff informed the court that his side were satisfied with the offer. He said that he was recommending the approval for a number of reasons including the fact that the Court of Appeal, had in other similar cases, reduced a lesser settlement on appeal.
r Justice Garrett Simons, as he was delivering his ruling, said the settlement offer for seemed “very generous” and he had no hesitation approving it. He added that this had been an unfortunate accident and the child suffered “quite nasty injuries”. He added that a number of the scars were permanent and he was told a larger scar was unlikely to be improved by surgical intervention. The child is still quite young and not very conscious of the scars now but may be conscious of them in her teenage years, he continued.
Recognising the Court of Appeal’s reduction of a lesser award in a case involving a scalding accident, the judge said the settlement offer was very good for a case like this and gave his approval to it.
Posted: October 20th, 2020
At the Circuit Civil Court a 16-month-old toddler, who fell and struck her head against a piece of furniture in a Dublin creche, has had a €32,500 creche injuries settlement approved.
Presiding Judge John O’Connor heard in the Circuit Civil Court that the girl in question, two-year-old Jessica Nugent, sustained a permanent scar to the centre of her forehead. Jessica’s legal Counsel, barrister Graham Quinn , make the court aware the accident took place during August 2016 not long after Jessica had been left off at the Giraffe Childcare Creche at Milltown Road, Mount St Anne’s, Milltown, Dublin.
Mr Quinn said that the young girl, who will turn three in December, took the legal action against Giraffe Childcare via Limited through her father Ronan Nugent. The court was told that Jessica was in a playroom at the Milltown creche when she fell against a piece of furniture and sustained a laceration to the middle of her forehead.
After the accident, Jessica was taken to hospital for further treatment. Here she underwent a procedure which involved the open laceration being closed with surgical glue. Despite their best efforts Jessica was left with a permanent, visible scar. When the accident occurred Jessica and her parents in Dublin had been living in Cork. However, since that time they have relocated to Rosehill, Castletreasure, Douglas, Co Cork.
Mr Quinn informed Judge O’Connor that there is no CCTV footage record of the accident. In addition to this the young child’s fall had not been witnessed by any employee at the creche. Due to this no one was certain as to how the accident actually occurred.
The Judge was advised, by Mr Quinn, that the creche owners had increased a previous creche accident compensation offer of €23,000 to €32,500. He added that he was recommending that this be approved by the court.
Judge O’Connor approved the settlement offer which he considered to be good and commented that said the scar could still be seen within conversational distance of Jessica.
Giraffe Childcare Limited, previously registered as Giraffe Childcare Unlimited Company with a registered address in Lucan, Co Dublin, was also directed to pay the legal costs of the plaintiff.
Posted: September 25th, 2020
Having been in a paralysed condition since a car crash four years ago, a car crash compensation settlement has been agreed in favour of Sally Crossan at the High Court.
A Donegal native, from Lifford, Mrs Crossan was sustained the life-changing injuries when another car crashed into hers in a “ferocious collision” as she was taking her children to school. The High Court was told that she no longer has the the function of all four limbs. Following the incident she remained in hospital for treatment for 19 months.
Representing Mrs Crossan in court, Liam Reidy SC, Richard Lyons SC and solicitor Pat McMyler informed Justice Kevin Cross that she was travelling towards Letterkenny having dropped her son to school when the road traffic collision took place. Prior to being rescued from the crashed car by firemen, Ms Crossan was stuck for 35 minutes. Counsel said of the accident that “it was a ferocious collision and her car was pushed back into the ditch.”
The High Court was advised that Ms Crossan has sustained significant injuries to her brain as a result of the accident but it was not for some time, 18 months in fact, that she was diagnosed with locked-in syndrome. It was, at that time, noticed that her cognitive state was perfect and she was in a position to communicate using words.
A legal action was filed on behalf of 57-year-old Ms Crossan against Christine Henry, Greenhills, Manorcunningham – the driver of the other car involved and the Motor Insurers Bureau of Ireland (MIBI) as a result of the injuries she sustained in the accident that occurred on the outskirts of Lifford on February 9, 2016.
It was alleged that Ms henry failed to drive her car along a proper and safe course or keep an adequate lookout with other road users in mind while driving at an excessive speed. In addition to this there was a claim filed against the Motor Insurers’ Bureau of Ireland that a large amount of oil on the roadway, which it was claimed was caused by the actions of an untraced and unidentified motorist, contributed to the accident.
Liability in the case has been an ongoing cause of debate and Justice Kevin Cross said that this has caused the family of Ms Crossan, who has been absolved of any liability whatsoever, ongoing distress. However, Mr Reidy SC said, was now before the court for assessment of damages only and Justice Cross was informed that the actions could be consolidated into one and had been settled.
Ms Crossan’s husband John who, the court heard, had given up his job to look after his wife also settled a separate action. The terms of the settlements are not being made public.
In approving the settlement Justice Cross praised Mr Crossan on the care that he has been providing his wife.
Posted: August 18th, 2020
At the Court of Appeal a Whiplash compensation award figure has been revised down to €41,000.
The ruling was made in relation to an award of €70,000 that was approved in December 2019. The woman in question, Emma McKeown, had been awarded the compensation as a result of the whiplash injuries that she sustained in a road traffic accident during 2017. Following this amount being approved at the High Court an appeal against the figure awarded by the defendants, Alan Crosby and Mary Vocella.
In the ruling that was released Court of Appeal judge Mr Justice Seamus Noonan commented that Emma that McKeown was honest and he was of the belief that she did not exaggerate her injuries. He continued delivering the ruling saying that the amount of whiplash injury compensation that was awarded in the case was much too high.
He said: “Taking into account all the relevant factors to which I have referred in the context of the proportionality of the award in this case, I am satisfied that by any reasonable measure it cannot be viewed as proportionate. It is not proportionate when viewed against the measure of the maximum for the most serious injuries. The cost of (motor, public or employer’s liability) insurance is for most ordinary people and businesses, a significant outgoing. The extent to which awards by courts influence that cost is in recent times, a matter of widespread public discourse, debate and dispute.
The Court of Appeal ruling amended the compensation figure to general damages of €35,000 plus agreed special damages of €6,000, making in total €41,000.
The Judge went on to comment on the link between large compensation awards and increasing insurance premiums: “Whatever the reality may be, it is clear that awards made by the courts have an impact on society as a whole and the courts are mindful of that fact. Ultimately each member of society must bear the cost of a compensation system whether through the payment of insurance premia in the case of private defendants or taxes in the case of public defendants. Society thus has a direct interest in the level of awards. Frequently, the identity of the trial judge would not be known until moments before the case actually commenced, resulting in varying outcomes depending on the ‘draw’. It is clear that this has the potential for injustice. It cannot be fair to either plaintiff or defendant that the value of their case depends on the identity of the trial judge.”
He finished saying: “Personal injury litigation should not be a lottery and plaintiffs and defendants alike are entitled to reasonable consistency and predictability. This is particularly important in the context of injuries which fall at the lower end of the spectrum as these constitute the vast bulk of cases, most commonly involving soft tissue, or ‘whiplash’ injuries.”
Posted: July 16th, 2020
A man who was could not go on in his job at a meat processing plant due to the injuries his picked up in a car accident has been awarded €3,500 personal injury compensation
sac Cosmin Cirpaciu of Powerscourt, Mallow, Co Cork told the court that his still feel some level of pain in his right shoulder, neck, back, chest as a resulf of the road traffic accident that occurred at a roundabout in Mallow, Co Cork with the defendant, Barry Maas.
The court was told that Mr Cirpaciu was not moving in his his car in the left lane as he was waiting to enter a roundabout in Mallow when Barry Maas’ vehicle crashed into his own vehicle. Mr Maas refuted this and claimed that they were both driving on the roundabout when the accident took place. However, the plaintiff told the court that Mr Maas drove into he left lane and struck his vehicle, while the defendant claimed that Mr Cirpaciu moved over into the lane that he was driving into.
The Judge was advised that Mr Cirpaciu was treated by a doctor roughly 25 minutes after the road traffic accident took place. In addition to this he attended two physiotherapy sessions and had to have treatment from a specialist for his injuries. He said: “For around three or four weeks I went to my GP and he kept giving me painkillers.”
Mr Cirpaciu said he had to return to his old job at Rossi’s takeaway in Charleville due to back pain. He had to resign from his new job with Kepak meat processing plant.
Defence barrister Deirdre Keane asked Mr Cirpaciu if there was a reason for not sharing with the defence that he also suffered a right shoulder injury in an incident in September 2016 for which he received compensation. Mr Cirpaciu’s legal team informed the Judge by saying that the medical report have already been made available in relation to that accident.
Forensic engineers were spoke on behalf of the plaintiff and defendant. For the plaintiff engineer Michael Byrne, who investigated the crash told the court that his opinion was that Mr Maas shifted out of the left lane as he drove onto the roundabout and that he was moved at a velocity greater than Mr Cirpaciu’s. For the defendant forensic engineer Seamus Walsh informed the Judge that there was proof, based on the damage evident on Mr Maas’ front left wheel, suggested to him that the front right wheel of Mr Cirpaciu’s BMW had been turned to the right when the accident happened. Along with this he said that he had seen a mark on the front right bumper of Mr Cirpaciu’s car was not deep enough to ascertain that Mr Maas had moved across into the left lane.
Judge Ó Donnabháin deemed that the plaintiff should be awarded €3,500 road accident compensation, along with legal.
Posted: June 25th, 2020
Bayer, the German drugs and pesticides producer, has come to a $10.9bn agreement to settle thousands of US-based legal actions that were taken as users of weedkiller RoundUp alleged that it played a part in them suffering from cancer. The announcement comes following settlement talks that have lasted for more than one year.
Bayer has always dismissed allegations that the development of cancer is caused by Roundup or its active ingredient glyphosate. This was following a number of independent studies that supported the contention that the weedkiller is safe for human use. The original legal action filed alleged that Roundup was a significant factor in the development of non-Hodgkin’s lymphoma and other cancers in some users.
Bayer purchased Monsanto in 2018 and, in doing so, inherited the claims. This settlement does not take into account three cases that have already gone to trial. In April, shareholders in the group gave their approval to how the claims were being dealt with.
Bayer chief executive Werner Baumann released a statement which revealed that the company are happy that they can now look to moving on to the future without the burden of the claims. He said: “First and foremost, the Roundup settlement is the right action at the right time for Bayer to bring a long period of uncertainty to an end. It resolves most current claims and puts in place a clear mechanism to manage risks of potential future litigation. It is financially reasonable when viewed against the significant financial risks of continued, multi-year litigation and the related impacts to our reputation and to our business.”
In relation to move settle the case he said: “The decision to resolve the Roundu litigation enables us to focus fully on the critical supply of healthcare and food. It will also return the conversation about the safety and utility of glyphosate-based herbicides to the scientific and regulatory arena and to the full body of science.”
A statement was also made available by settlement mediator Ken Feinberg. He revealed that there remains around 25,000 compensation claims to settle. He remarked: “Bayer wisely decided to settle the litigation rather than roll the dice in American court.”
He added: “I predict all the remaining cases will settle within a few months. People are going to want their share of this settlement.”
The RoundUp settlements will be paid for by Bayer using the company’s current free cash flow and the proceeds of the recent sale of its Animal Health portfolio. There were almost 125,000 filed and unfiled claims. The agreed settlement makes up approximately 75% of the claims linked to RoundUp. In each of the next two years, 2020 and 2021, $5bn is due to be paid out.
Posted: May 18th, 2020
It has been alleged that meat factory workers have had to return to work regardless of the fact that co-workers were displaying COVID-19 symptoms. It has recently been reported that the meat sector has been particularly rife with workers suffering from the virus with more than 600 cases being recorded.
In the Dáil Former minister and independent TD Denis Naughten has revealed that there are now clusters of infection surrounding meat plants “where the levels of infection within the plants themselves is up on one third or, in some instances, half of the workforce”. He added that, following some investigation, he discovered that staff did not self-isolate in the period between being tested and the results being returned which seriously undermines the validity of the negative results.
Due to this he has sought, and secured, sufficient Dáil support to ask Minister for Agriculture Michael Creed to explain how this situation was allowed to materialise at meat processing plants.
Mr Naughten said that failing to deal with this could result in many other issues. He said: “Ahead of the start of reopening the economy next week we must address the fundamental problems within the meat processing sector which could be replicated in other parts of industry and which could be catastrophic.”
“These failures in the system have resulted in new infection clusters in communities across the country which up to now had low levels of Covid-19 infection. If these fundamental issues are not addressed immediately, in advance of the easing of the lockdown next Monday, then we could very quickly be looking at a second spike in Covid-19 infections.
“After such heroic efforts by every citizen in the State to stop the spread of this virus we cannot allow a second wave of infection under any circumstances. So, while we must remain cautious in how we relax restrictions, we must also learn to live with Covid-19 which will be with us for a considerable time to come.”
Deputy general secretary of trade union SIPTU, Gerry McCormack, said that some meat processing plants “completely ignored” HSE guidelines on Covid-19. He said: “What seems to have happened is that some employers really didn’t take this seriously. Some of them did. Some employers completely ignored the recommendations from the HSE on how to do physical distancing and put in proper processes to protect workers.”
He added: “If you contrast, for example, the meat industry with the dairy industry which are both providing food throughout this country and abroad and we have very little, if any, outbreaks in the dairy industry. It’s a well paid, well-regulated industry, as compared to the meat industry. We had a problem from the very beginning in that some employers weren’t taking this seriously.”
Posted: April 10th, 2020
A PTSD compensation award of €87,000 has been awarded to a person who arrived at a horrific road traffic accident scene where she viewed the partly decapitated body of a motorist involved in a bus crash.
The woman in question, Lisa Sheehan, now suffers from moderately severe PTSD and had to give up her hairdressing job two years after the accident took place as she felt unable to maintain the position. Mr Justice David Keane awarded her €87,238 compensation in relation her suffering as a result of the incident. The 36-year-old married mother of two, who lives at Banteer in north Cork, took the personal injury compensation case against Bus Éireann and FBD insurance which provided insurance cover for the deceased motorist.
Ms Sheehan informed the presiding judge that she still has nightmares and flashbacks, her condition placed great strain on her relationships and she must attend counselling and medication sessions for the sake of her mental health. She told the court that this suffering was caused due to the negligent operation or control of both the bus and the car. Bus Éireann did not accept the negligence claims while FBD admitted the accident was caused by the negligence of the deceased car driver.
Both defendants informed the judge that they were of the opinion that Ms Sheehan’s psychiatric injuries did not give rise to any cause of action recognised by the law and they did not owe her a duty of care in relation to her suffering.
When the accident took place on January 28, 2017, Ms Sheehan was driving home from work in Cork city, having finished her work shift for the day. As she was nearing Mallow her car struck some debris and she came to a complete halt. She noticed the damaged bus and the severely damaged car which had hit it not far away. When she examined the scene more closely car she discovered “a badly disfigured and partly decapitated body”.
She contacted the emergency services and started to examine the the surrounding area for others who might have been involved in the accident. She eventually located the bus driver whose face was covered in blood.
The judge, referring to the legal arguments that the defendants were making, said that it was his opinion that the law on primary/secondary victims is far from settled in this jurisdiction. He continued, while in his view nothing turned on that division in this case, he was happy that Ms Sheehan was a primary victim as her car had been struck by debris from the road traffic accident.
Posted: January 28th, 2020
At the High Court Justice Kevin Cross awarded €80,000 in car accident compensation to Margaret Keating (63) who sustained injuries in an accident between a taxi and the Luas tram she was travelling on.
The compensation award includes €10,000 for aggravated damages. Justice Cross said he was of the opinion that Ms Keating is an honest witness who did not in any way inflate her complaints.
Ms Keating had initiated the compensation claim against the the taxi driver, alleging that he drove straight through a red traffic light and crashed into the Red Line Luas tram in which she was on board on June 15, 2016. Ms Keating said was sitting at the back of the tram and hit a support bar in the accident. Due to this she experienced injuries to her neck and shoulder.
The accident in question happened at the junction of Steevens Lane approaching Heuston Station.
The judge said that Ms Keating was going to experience ongoing symptoms going forward, even though her injuries were tissue in nature. He went on to say that Ms Keating “has had a nasty time and has had a significant change in her lifestyle”. Additionally, it was alleged that Ms Keating had developed a travel anxiety and now has a fear of travelling on trams and trains.
Mr Mulligan denied that claims of Ms Keating that she had suffered a number of injuries. Justice Cross said he believed Ms Keating to be an honest person in relation to the circumstances of the accident and did not inflate the extent of her symptoms.
The judge said the taxi driver’s legal team had applied to have the case struck out due to the fact that Ms Keating had not included the details of a 2017 accident in documents prepared for the court case and that she had also allegedly did not hand over the GP’s report from the defendants until June 2019.
Mr Justice Cross said the 2017 accident had nothing to do with the injuries that she had suffered, the subject matter of this case, and he said there was no efforts to deceive.
The Judge also ruled that he saw no reason to believe that the medical report from the GP was suppressed to mask the 2017 accident. He said professional misconduct was alleged and it was not proper to allege professional misconduct against a solicitor without any possible basis for that claim to be made.
Ruling that Ms Keating was entitled to be awarded aggravated damages, Mr Justice Cross said she was never asked during testimony with regard to her subsequent injuries dealing with this accident.
Posted: November 25th, 2019
€15,000 road traffic accident compensation has been awarded to a model and personal trainer due to a shoulder injury she suffered when a cherry picker van reversed into her Audi car close to the famous Five Lamps in Dublin.
Judge Jacqueline Linnane in the Circuit Civil Court praised Ms Zoe Whelan for having made an early disclosure to the defendant that she had previously settled two compensation actions for €12,500 each.
Judge Linnane said stated: “All medical reports were fully furnished in relation to Ms Whelan’s previous accidents before this case came to court. There is no question of anything having been concealed from the defence and I want to make that very clear.”
Legal representative in court for Ms Whelan, barrister John Nolan, was advised by Judge Linnane that the court had found her testimony in relation to the December 2017 accident far more compelling than that given by the two witnesses appearing on behalf of Electsol Services Limited. The testimony given by these witnesses stated that Ms Whelan had driven at speed into the back of its cherry picker van which was being operated in the repair of street lamps in Dunne Street, Dublin.
Ms Whelan (25), with an address at Newbury Park, Clonshaugh, Dublin, told the court she had stopped to the rear of the Cherrypicker in question. The cherry picker had been partly blocking the street and was shocked when she saw its reverse lights come on as it shifted back backwards towards her. She added that there was nothing else she could do when she saw the reversing lights.
Ms Whelan stated: “I was screaming and pumping the horn but it kept coming and crashed into the front of my car. My right arm was fully extended and firmly on the steering wheel as I pumped the horn with my left hand. When it struck my car my arm was pushed back, injuring my right shoulder.”
In what Judge Linnane referred to as a vigorous cross-examination by defence counsel, Ms Whelan told the court she did not fabricate the events, denying defence allegations that it was her who had driven into the back of the cherry picker.
Tony Doyle, the driver of the cherry picker told Mr Nolan the reverse lights would have come on when he had put the vehicle into reverse gear but he had not moved it as he did not have an interior rear mirror. He said that he had been awaiting hand signals from Mr Leavy. When there had been no signals he had got out and saw there had been an impact with ms Whelan’s car.
Judge Linnane said Ms Whelan had informed the court her shoulders were injured in both of the two previous accidents mentioned and the court accepted the December 2017 incident would not have helped the earlier injuries she sustained.
Posted: October 22nd, 2019
A High Court personal injury compensation action has been settled for €65,000 in favour of a young boy who injured his lip when he fell off his bike after the front wheel allegedly hit a pothole.
On July 14 2011 the then eight-year-old Malcolm Akpaka allegedly fell from his bicycle when his front wheel hit the deep pothole which was one foot deep at Cruise Park Close in Tyrrelstown, Dublin
Mr Justice Garret Simons fell off his bicycle and suffered a deep laceration to his upper lip. The court was told that the pothole in question was around one-foot deep. Following the accident he was taken to hospital to receive medical attention. There Malcolm was administered with stitches to his lip. As a result of the accident and fall from his bicycle the now -16-year-old youth has been left with a scar.
Malcolm Akpaka, with and address at Cruise Park Drive, Tyrrelstown, Dublin took the personal injury compensation action against Fisher Property Management Ltd, Main Street, Ongar, Dublin and Tyrrelstown No 8 Management Company Ltd care of Fisher Property Management, which were charged with maintaining the condition of the roads and areas of the estate common area. he also sued Earthwood Ltd, The Plaza, Tyrrelstown, Dublin, the company who were contracted to construct the roads in the estate where the accident in question occurred.
The accident took place on a piece of roadway which featured a cobblelock footway. The court was told that the pothole had appear in the area between the cobblelock and the tarmacadam. Creating the potential for a dangerous accident.
The presiding judge was informed that all three defendants refuted the allegations that were made against them were contesting the issue of liability in relation to the accident.
Due to this, Mr Justice Simons said he was satisfied to make an order ruling the settlement, without an admission of liability.
Posted: September 4th, 2019
The Workplace Relations Commission (WRC) have ordered Bus Éireann to pay a long-serving bus driver €10,200 in compensation was constructively dismissed
The bus driver Dan Fitzpatrick said that he has been left ‘deeply traumatised’ over the nature of his constructive dismissal by the national bus firm. Mr Fitzpatrick had been employed by Bus Eireann for 16 years in the Galway area. The company advised him that he would need to retire from his position or be terminated due to an incident involving an elderly passenger in November 2017.
If he has opted to stay on and be fired and he would have no longer been entitled to his €10,000 to €15,000 retirement gratuity. due to this he retired on November 27, 2017, after what he described to the WRC as “a flawed and unfair disciplinary investigation” by Bus Éireann. He subsequently lodged a claim for constructive dismissal under the Unfair Dismissals Act with the WRC.
WRC Adjudication Officer, Ray Flaherty said that Mr Fitzpatrick had no option but to retire when he was told failure to do so would result in him losing his retirement gratuity and referred to the gratuity ultimatum to Mr Fitzpatrick as “unreasonable and unacceptable”.
In his findings, Mr Flaherty said that comments made to Mr Fitzpatrick by a boss that “there is no excuse for this behaviour” during the incident and “you will never work in the company again” supported Mr Fitzpatrick’s claim that fair process was not adhered to.
Bus Éireann did not attend the WRC oral hearing but a Bus Éireann representative stated: “Bus Éireann do not comment on individual cases and we have no further comment”.
Mr Fitzpatrick said: “I feel vindicated by the WRC ruling because I did nothing wrong. I was always only interested in doing my job properly. There was no justification for what happened to me.
In the aforementioned incident Mr Fitzpatrick, in his own words, said that he physically escorted an elderly passenger off a city route bus service after a heated exchange between the two and repeated requests from Mr Fitzpatrick for the man to leave the bus. Once the gentleman was clear from the bus he promptly got back into his driver’s seat and proceeded to drive away.
The next day after the incident, Mr Fitzpatrick was summoned to his boss’s office where he was shown with three different CCTV tapes of what occurred and was immediately suspended pending a subsequent disciplinary hearing.
Posted: August 19th, 2019
The Data Protection Commission (DPC) has published a report, which may lead to the initiation of a number of legal actions, which said that the retention of information collated during the application process for the Public Services Card was not legal, along with the obligation on the general public to have the card in order to avail of the provision of certain State services.
There are already several civil society groups who have revealed that they are considering submitting a class-action style case. When the card was introduced advocacy groups in including Digital Rights Ireland, the Irish Council for Civil Liberties, the UN’s special rapporteur on extreme poverty, Age Action opposed it.
On its official Twitter account Digital Rights Ireland greeted the report stating: “We welcome @dpcireland’s observation that the PSC morphed from a cryptographic token designed to enhance security for citizens, into a photo id card with no particular purpose, but for which various alternative uses had to be found to justify its existence. We note that @welfare_ie tried its best to use spin, expensive PR campaigns, and hectoring of newsrooms to provide a basis for the PSC. They had to, because there was no legal basis, and limited political support.” The Irish Council for Civil Liberties said that it “welcomes Data Protection Commissioner’s finding that Public Services Card is illegal across public services” and went on to add in a subsequent tweet that “This day has been a long time coming for us & our friends & colleagues in the information rights circle. We’re so grateful for our members and donors whose support allows us to continue to stand unafraid for rights in Ireland. #PSC”
The DPC inquest found that the application process for the PSC is not in line with the transparency obligations of the data protection legislation due to the lack of information provided by Department of Social Welfare to the card applicants. Due to this legal misstep the data of over three million card holders must now be erased and data processing conducting by the Department must be ended as soon as possible or some level of enforcement measures may be sanctioned against those charged with completing this task.
The DPC said, in relation to the investigation: “Ultimately, we were struck by the extent to which the scheme, as implemented in practice, is far-removed from its original concept,” the DPC said in a statement published on its website. Whereas the scheme was conceived as one that would make it easier to access (and deliver) public services, with chip-and-pin type cards being used for actual card-based transactions, the true position is that no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset. Instead, the card has been reduced to a limited form of photo-ID, for which alternative uses have then had to be found.”
Data Protection Commissioner Helen Dixon said: “Any cards that have been issued, their validity is not in question by anything we’ve found in this report,” she said. “They can continue to be used in the context of availing of free travel or availing of benefits that a person is claiming from the department.”
She added that this does not eliminated the possible use of a single card, such as a national identity card, for all interactions with the state. She commented: “No, we’re not saying that at all. We’re saying that if that’s what’s intended or required, there isn’t a lawful basis [as currently set up]. It can’t be the case that a national identity card automatically offends EU charter fundamental rights or EU data protection law because they exist all around Europe. It is a possibility, by carefully laying down the lawful basis for such a card.”
Posted: July 17th, 2019
A schoolgirl who fractured her ankle jumping off a trampoline has settled her High Court action for €35,000.
As part of the child injury compensation action legal representation for Shauna O’Gorman (13) claimed there was a failure to direct the activity on the trampoline properly, a failure to ensure the matting was properly and appropriately placed and that a hazard was allegedly allowed to be exposed in the activity area.
All of these allegations were denied by the defendants and it was argued that there was alleged negligence on the part of the little girl. The argument was that the girl landed on a crash mat in an awkward manner. In addition to this the defence claimed that the girl had not advised them that she had previously broken her left foot.
They also stated that she (Shauna) failed to follow the specific and repeated instructions given to her regarding the correct way to land on the mats.
Shauna was attending a gymnastic event as part of an annual school tour and children were taking turns jumping on the trampoline. Ms O’Gorman, who had already jumped on the trampoline once, was just completing her second go when the accident took place.
Ms O’Gorman’s counsel, Sara Moorehead SC, informed the court that the children were jumping on to matting on the floor. A different parent said that she felt the mats on the floor were not close enough together.
In relation to her injuries, Justice Kevin Cross was informed that an MRI last year showed the child’s ankle was back to normal. Following the accident Shauna had a plaster on her ankle and could not go on the first week of a family in Turkey that year. However she was allowed to fly for the second week.
Ms O’Gorman, took the trampoline injury compensation action through her father Joseph O’Gorman, against Irish Gymnastics Ltd, trading as Gymnastics Ireland with offices at Blanchardstown, Dublin and which operates as Excel Gymnastics, Celbridge Industrial Estate, Celbridge, Co Kildare as a result of the accident on June 12, 2015.
Mr Justice Kevin Cross, in approving the child injury compensation settlement, said it was a good settlement and there was a danger that Ms O’Gorman would not succeed if the case went on.
Posted: June 29th, 2019
Kieran Brennan, Dublin, has been awarded just under €40,000 car accident compensation at the Circuit Civil Court to a traffic accident that took place on the M50 as he was travelling to his place work on December 21 2015
The Circuit Civil Court was told that Mr Brennan, who has an address at Monastery Road, Clondalkin, Dublin 22, had brought his vehicle to a halt at the Northwood exit when he was hit from behind by a car owned and driven by Dylan Duffy.
Fiona Pekaar, Barrister for Mr Brennan, told the court that Kieran had experienced shoulder and neck pain following the accident but this had soon improved. Mr Brennan said still experiences constant lower back pain that has prevented him from conducting the same active lifestyle he had previously, including being unable to train for and enter a comparable amount of marathon running and soccer matches as he had before the accident occurred.
Medical evidence was presented in court to show that Brennan had suffered from a pre-accident degenerative condition. However Judge Groarke said that he believed that this condition had not been an issue before the accident happened and he was of the opinion that it had been caused by the M50 incident.
In his ruling, the Judge said that Mr Brennan had been suffering from a bulging disk in his back and although most medical reports had indicated this had not been caused by the accident, he could not disregard the report. He said that it had clearly been one of the results of the accident.
Legal representatives for Mr Duffy referred to the fact that Mr Brennan had taken part in the ‘Hell and Back’ obstacle course in Bray, Co Wicklow in October 2016. Hell and Back is an assault course involving various activities and obstacles to be overcome. However, Judge Groarke said Mr Brennan still trains for and takes part in some marathons and also plays soccer once a week, adding that he did not believe his level of physical activity was at the same level as it had been before the accident took place.
Judge Groarke awarded Mr Brennan car accident compensation of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy.
Posted: May 30th, 2019
A young girl (8) who experienced second-degree burns after a cup of hot chocolate fell onto her lap and scalded her when she was on Ryanair flight has settled her High Court personal injury compensation action for €150,000.
When the accident happened, U.S. citizen Sriya Venkata Neti was travelling from Rome to Krakow on Ryanair flight with her parents. When she was attempting to drink the hot chocolate some of the beverage spilled and the paper cup fell on to her knee.
The court was provided with a medical report that said the hot liquid pooled on the seat leading to significant burning pain and the Sriya’s mother had to take off the young girl’s clothes after undoing her belt. Sriya’s skin was burned, according to her mother, and blisters were forming in other areas. The child was also crying due to the suffering she was feeling.
Sriya Venkata Neti, who is now 11-years-old and living in Freemont, California, submitted the legal action through her father Srinivas Neti against Ryanair in relation to the incident that occurred on the Rome Krakow flight on June 25, 2016. Ryanair refuted all the claims that were submitted.
Hugh Mohan SC, acting on behalf of Sriya and her father, advised the court that this was a very out-of-the-ordinary incident as, under the Warsaw Convention, if a passenger on an international flight can display that bodily injuries were inflicted due to an accident, an unexpected or unusual event that is external to the passenger’s control, then the passenger is not necessary to show negligence or fault as against the airline.
An affidavit provided to the court by the child’s father stated that that the scarring has now improved. In addition it said that Sriya has made a good recovery and the condition of her injuries has improved.
Mr Justice Kevin Cross approved the Ryanair injury compensation award.
Posted: April 4th, 2019
Taxi Driver Dolores McMahon (57) has been awarded almost €75,000 road traffic accident compensation at the Circuit Court in relation to two separate accidents where she had different taxis written off.
Circuit Court President Mr Justice Raymond Groarke told the court that Ms McMahon had shown great courage for returning to her occupation after being badly injured in both collisions. In both accident she had seen her taxi damaged beyond repair and she was awarded personal injury compensation in relation to for her suffering, loss of income and compensation for two written off cars.
Legal representative for Ms McMahon, Caitriona O’Reilly, advised the Circuit Civil Court that her client had been inflicted with neck and shoulder injuries in one accident on December 14 2014 and a lower back injury in a subsequent collision that took place on July 14 2016. She went on to say that, in both car collisions the driver of the other car had driven into the path of Ms McMahon’s vehicle. Liability was admitted in both claims.
Unfortunately, Ms McMahon had exacerbated the damage to her neck and shoulders that she had suffered in the first crash just over 18 months earlier.
Justice Roarke was being asked to assess damages.
Ms McMahon initiated the taxi accident compensation action against the other drivers – Mr Arthur Oliver Ryan and Martin Mann – following the accidents that occurred at Old Airport Road, Santry, and Balheary Road, Swords.
In considering the case Judge Groarke commented that, following periods of recovery after each of the incidents, Ms McMahon returned to her taxi driving duties despite having been nervous about it and has took the decision not to drive on the 14th of the due to superstition.
Ms McMahon was awarded an overall sum total of a total of €74,912. This was made up from €46,468 compensation for personal injuries, loss of earnings car replacement and special damages in the first accident and €28,444 combined damages in the second crash.
Judge Groarke commented: “This is a lady who was very genuinely and very badly affected psychologically and has suffered quite extensive physical injuries.”
Posted: March 9th, 2019
A personal injury compensation award of €150,000 has been approved in the High Court in relation to the injuries sustained, during a vicious assault, on a mother of two following an assault by the father of her two children, her former partner.
The man responsible for the assault – Jonathan McSherry (36) was handed a 3.5 years prison term of which he served 22 months. Mr McSherry told the Judge that he broke almost every bone in Ms Bowes face and kicked her many times during the vicious assault in December 2015.
A former soldier, Mr McSherry said sorry to Ms Bowes whose civil action was before the High Court for a final assessment of damages.
Ms Bowes was assaulted by Ms Bowes as she was getting out of a taxi at her Clondalkin home following as she was returning from a night in town on December 20, 2015. Mr McSherry was waiting there for her and CCTV showed him pulling Ms Bowes from the taxi, hitting and kicking before he dragged her to the ground. The attack lasted 90 seconds during which Ms Bowes fell unconscious twice due to blows before she escaped to the safety of a neighbour’s house.
Before reaching safety she tried to shield herself by crawling under a car. She told the High Court that she believes she was kicked around 20 times. After the attack she has been unable to close her lips due to the damage inflicted and she thinks that her face looks deformed. Doctors had to insert a permanent metal plate in her mouth to realign the facial bones. Psychological testimony indicated that Ms Bowes had symptoms of post-traumatic stress disorder, chronic anxiety and suffered from bad dreams. She is also afraid for her own safety and that of her children. Psychologists said that she is massively damaged and fragile.
After the €150,000 compensation award was announced by the presiding Judge, Ms Bowes released statement saying she hopes the ruling and personal injury compensation award will influence other victims of domestic violence opting to submit legal cases.
She commented: “I hope this will act as a deterrent, that people will realise there are possible large financial consequences as well as the threat of prison for this sort of violence. I’ve already had people write to me about it. One woman sent me a letter and a holy medal on Tuesday thanking me for my courage and asking me to pray for her so that she could find courage to tell the truth too. “She went to the bother of writing the letter, getting a stamp and posting it”.
“I was very upset for her and I will pray for her. She signed the letter ‘an old lady’, and it shows this can happen to anyone from any background. I just hope now that with International Women’s Day coming tomorrow, women everywhere will find the courage to speak out” Ms Bowes added.
Ms Bowes concluded saying: “I hope women young and old will that find strength. It’s important for women to realise help is there for them – from places like Women’s Aid – [and] that legal advice and professional help is available.”
Posted: February 1st, 2019
A €63,000 injury compensation settlement in relation to a young boy’s fall from a slide in Tayto Park on August 26, 2013. in which he sustained a kidney injury was approved at the High Court heard yesterday.
16-year-old Seán Kelly was 11-years-old when the incident occurred at the park in Ashbourne, Co. Meath. Presiding Judge Garrett Simons was informed that Seán, from Coolkill, Sandyford, Dublin, was advised to don shoe covers to lessen friction on the slide when he fell in the ‘hazardous’ run-off area, and landed painfully on the edge of tubing.
Judge Simons was informed that Seán was ‘doubled up’ in agony due to the pain he was suffering from in the fall. He was given first aid and he got sick a number of times before being carried to his car.
He was taken to his family doctor for further treatment later and he was then referred to Tallaght Paediatric Emergency Department where a CT scan showed he had a grade two injury to his kidney.
Seán’s kidney injuries were treated with a course of antibiotics and he had made a complete recovery by January 2014.
Seán’s legal representative Patrick O’Connell SC told the court that the park failed to provide adequate supervision to the children when they were walking off the runoff area. He added that the slide was highly polished and slippery at that point. In addition to this it was suggested that the edges should have been coated with foam or rubber to minimise the chance of injury if a child fell on it. There was also a claim that the slide should have been designed so that users would complete the entire run and not be able to jump off earlier.
Mr O’Connell told Judge Simons that an offer had been made to settle the case for just under €63,000 in amusement park compensation. The Judge approved the settlement, which included €9,000 in medical expenses.
Posted: January 22nd, 2019
Personal injury claims totalling up to almost €500,000 were lodged on Monday in relation to a car crash involving eight Polish people where two cars crashed on an approach to a roundabout at Lusk, Co Dublin
Judge Raymond Groarke awarded each of the three claimants damages of €10,000 with District Court After hearing their testimonies today. There are five additional compensation claims to be heard in relation to this accident. Each claimant ihas also submitted a car accident compensation claim of €60,000 amounting to an total compensation claim value of €480,000 from a single car accident.
Today’s claimants, Arkadiusz Rokicki (23); Daniel Kutszal (24) and his sister, Majal Kutszal (34), all with addresses in the village of Lusk, were badly injured when they were passengers the car crash that occurred in Lusk. The vehicle in question was being driven by the defendant Dariusz Chudyk. Mr Chudyk has returned to Poland to live. However, he was indemnified through his insurance policy with Axa.
Barrister Paul Gallagher, appearing for the claimants with Robert Anderson of Anderson and Gallagher Solicitors, told the court they had suffered severe injuries when Mr Chudyk’s car collided with the rear of another car as he was driving near a roundabout in Lusk. It was claimed, in the legal action, that each of the claimants had experienced whiplash injuries. Mr Gallagher informed the court that each of his clients had registered pain and stiffness to the neck and in their lower back after the road traffic accident and had been prescribed medication to ease their suffering in the aftermath of the incident.
In approving the award of car accident compensation Judge Groarke said he was happy the accident was a genuine one and that there was no ambiguity remaining in his mind. He said he felt thatit was a genuine accident and the claimants were equally genuine. He said: “There is nothing in that evidence to compel me to accept that these people do know one another or that there is any association between them. I don’t blame the insurance company for adopting a very defensive attitude to this case which had the hallmarks of something that warrants that degree of investigation. Every case of this nature warrants a degree of investigation.”
Posted: December 4th, 2018
Luas and Irish Rail management have revealed, in response to separate Freedom of Information requests, that over 110 incidents of tram and train surfing have been recorded on the routes that they provided in and around Dublin since 2014.
This train/tram surfing activity refers to a person that holds onto the outside of a carriage as it departs a station. The activity came to public attention in October 2018 when 20-year-old Rebecca Kelly was awarded €550,000 in personal injury compensation due to sustaining major brain injuries in a fall from a Luas carriage. She was clinging onto Luas when the accident took place.
Recently, the response to a Freedom of Information request made public the fact that in excess of 35 cases of tram surfing have been registered on Luas services in the last three years.
“Tram surfing can be fatal. We have had a very small number of incidents of people trying to ‘scut’ and all staff are trained to be vigilant, observe and report. The public have reported [cases] too. Any activity or even potential concern that is reported – trams will be stopped, security and or gardai called. The risk of serious injury is very high. We show CCTV of various incidents that have occurred along the lines. The purpose is to request parents know where their kids are and if they are on the lines, they’re aware just how dangerous their playground might be” Transdev Representative Ms Dervla Brophy said in a statement released following the Freedom of Information request.
In another Freedom of Information response Irish Rail revealed that 87 occurences of train surfing have been recorded in the last two years. Since 2015 twelve train surfing incidents took place on the Northern commuter route between Dublin and Dundalk. Every one of the officially recorded incidents took place on the routes operated by the Dart.
“On board staff, station staff and security personnel are vigilant in ensuring we respond with security or garda support. Extra security patrols this year are yielding a reduction in the number of incidents”, Irish Rail spokesperson Barry Kenny stated commenting on the revelations.
Posted: November 21st, 2018
€25,000 work injury compensation has been awarded to Detective Garda Eamon Moran who was attacked with a blade on an aeroplane as he accompanied a deported Nigerian man to Lagos. Garda Moran sustained cuts to his face and has now been awarded Garda workplace injury accident compensation at a hearing in the High Court.
Legal counsel for Garda Moran, Barrister Breffni Gordon, informed Justice Michael Twomey that while working with the Garda National Immigration Bureau, he (Garda Moran) was travelling with the Nigerian national between Madrid and Lagos when the deportee armed himself with a razor blade. He then attacked the Garda cutting him across his right ear, the right side of his face and on his upper back before being apprehended. Luckily there was a doctor on board at the time who was able to treat Garda Moran and help to stop the bleeding. The attack occurred in March 2012 when Garda Moran, now aged 44, was 38 years old.
He sought further medical attention at a Madrid hospital, receiving 29 stitches, and attended with his family doctor upon his return to Ireland. His family doctor prescribed a course of anti-inflammatory analgesic medication to treat the wounds.
Though his wounds have now healed Garda Moran has been advised that his scars will be visible for the remainder of his life. High Court Justice Twomey was informed that Garda Moran had to deal with a significant amount of stress and sleep disturbance following the attack. In an attempt to deal with this he had attended almost a dozen counselling sessions. In 2015 his counsellor advised him that he did not suffer with any residual post-traumatic stress syndrome.
Garda Moran told the Court he was absent from work for about four months before returning to his former position and duties.
At the High Court Judge Twomey awarded Detective Moran €25,000 Garda workplace compensation together with an additional €3,000 special expenses.
Posted: October 25th, 2018
€30,000 personal injury compensation has been awarded to a woman after she allegedly sustained first-degree burns during a laser treatment on her face.
Ms Jolanta Skaudvilaite, with an address at Pine Grove, Athlumney Wood, Navan, Co Meath told the High Court that she was absent from work for 10 days of work due to the injuries she suffered during a laser treatment on her cheeks at a beauty salon. The 37-year-old female took the hair salon compensation action against Alchemy Beauty, Trimgate Street, Navan.
Ms Skaudvilaite claimed that she suffered the injuries during the treatment that was being at the Alchemy clinic on July 21, 2011 when she was exposed to a laser treatment that was liable to cause burns. She told the High Court that there was a failure to ensure that the workings of the equipment being used for her treatment was adequate. Along with this she claimed the standard of laser and/or beauty treatment was not in line with common acceptable practice. Alchemy Beauty denied the claims of Ms Skaudvilaite.
Ms Skaudvilaite, a retail assistant, told Justice Kevin Cross that following the treatment her cheeks were sore and she contacted the beauty salon to advise the staff. She said they were surprised that she was feeling pain, something that indicated to her that everything was not in order. She attended a local doctor who prescribed a course of antibiotics. Once she began taking the prescribed medication her cheeks slowly healed over time.
Ms Skaudvilaite also told the High Court that she suffered from a considerable amount of trauma during the incident and was given tranquilisers. While her cheeks had are no longer constantly sore, they can still be quite sensitive on occasion.
A medical report provided by a specialist plastic surgeon said there had been small but significant changes to the colour in Ms Skaudvilaite’s right cheek and she had been told that she must to use sunblock when outdoors to prevent any further damage from being sustained.
Mr Justice Kevin Cross, in awarding the beauty salon injury compensation, said a report from Ms Skaudvilaite’s doctor stated that she was suffered from major upset and remained aware of the burns at all times. Justice Cross said that he believed she had told the truth in relation the injuries and trauma she suffered.
Posted: September 18th, 2018
Whiplash injury compensation payments in Ireland are, on average, 4.4 times higher than awards for similar injuries in England and Wales.
This statistic was revealed in the Final Report of the Personal Injuries Commission. The report recommends that the Judicial Council should compile judicial guidelines for whiplash injury compensation awards.
The Commission’s finding found that the average soft tissue award is €17,338 compared to just €3,984 for the same compensation award in Britain. Commission chairman Justice Nicholas Kearns commented in his second and final report, that while genuine claimants need adequate compensation, the negative affect of high premiums on businesses and consumers had to be acknowledged.
Justice Kearns said: “The multiple that has emerged in the benchmarking process is so significant that the Commission is satisfied that it calls for a response that is effective and achievable in the shortest time”.
Insurance Ireland said an urgent policy response is required as the cost of the average award is continuing to “spiral” with the average Circuit Court award increasing by approximately 50% from 2013 to 2016 – from €11,941 to €17,722.
CEO of Insurance Ireland Kevin Thompson commented: “It is also clear that the Irish public supports reform as according to a nationally representative poll conducted by Ipsos MRBI in January, 78% of Irish people would support proposals to reduce personal injury award levels.”
However, there was some concern expressed Director General Ken Murphy of the Law Society of Ireland who said that lower damages did not automatically result in lower insurance premiums. He said: “Simply reducing damages takes money away from those who suffer injuries through no fault of their own and puts it in the pockets of the already very profitable insurance companies”.
Posted: August 3rd, 2018
The Labour Court has ordered Kepak Convenience Foods Unlimited Co to pay former Business Development Executive, Gráinne O’Hara, €7,500 over continued breaches of the Organisation of Working Time as she was required to deal with out-of-hours work emails, including some after midnight. This led to additional work of over 48 hours a week on a number of occasions.
Ms O’Hara’s contract of employment with the Kepak firm required her to work 40 hours per week. She claimed that she worked close to 60 hours a week. To back up her argument, Ms O’Hara submitted copies of emails that she sent to and/or received from her employers both earlier that her normal start time and later than normal finish time on multiple time when she was employed there.
Along with this, Ms O’Hara submitted that emails that were sent to her employers and responses that were received from her employer prior to 8am. Ms O’Hara told the court she was not provided with a copy of all of her emails by her former company.
Ms O’Hara worked with the Kepak firm at its Blanchardstown facility in Dublin from July 2016 until April 14th 2017.
Kepak firm responded to the claims stating that that the level of work carried out by Ms O’Hara was normal for their staff members, none of whom work longer that the 48 hour weekly maximum set out in legislation.
In its final report the Labour Court acknowledged that Kepak did not provide a complete file of Ms O’Hara’s emails and gave no proof to contradict her evidence in relation to this.
The court ruled that Kepak firm breached the Organisation of Working Time Act by allowing Ms O’Hara to work over 48 hours a week and that Ms O’Hara’s complaint had a firm basis.
Ms O’Hara was appealing the quantum of an Adjudication Officer’s ruling that she be given a work injury compensation award of €6,240. She (Ms O’Hara) claimed that the Adjudication Officer did not award her an adequate amount of compensation “for the systemic nature of the breaches of the Act involved in the case”. The Labour Court increased the Adjudication Officer’s award by 20% to €7,500.
Posted: July 31st, 2018
A bus passenger who was injured after a man ran onto a road in front of a bus to attack a group of Asian people, has been awarded €25,000 in the Circuit Civil Court.
Judge Terence O’Sullivan was told that the man had thrown a bottle at the group and then “turned on a sixpence in a millisecond” giving a Dublin Bus driver little chance to prevent the bus from hitting him despite hitting the brakes. Susan Lennox BL told the court Rachel Hardiman (28) was travelling on the bus at the time and had been thrown forward sustaining injuries to her face, neck, shoulders and arm in the incident that occurred on September 23, 2012.
Judge O’Sullivan, in awarding Ms Hardiman €25,000 bus injury compensation and costs against Dublin Bus, said although the driver had raised his foot off the accelerator after seeing the man on the road, the court did not consider this to have been a adequate course of action. He also granted Dublin Bus an order for €25,000 and costs against Mr Richardson, the man who threw the bottle in the incident leading to the accident.
Mr O’Herlihy said the bus driver did not have a chance of avoiding Mr Richardson after he had run onto the roadway, taken a bottle from his pocket and thrown it, and then ran back across the roadway.
Judge O’Sullivan, awarding Ms Hardiman €25,000 damages and costs against Dublin Bus, said that although the bus driver had lifted his foot off the accelerator after seeing the man on the roadway the court did not consider this to have been enough.
The judge felt any prudent driver would have had adequate time to slow down as drivers could not always expect pedestrians to do precisely what they expected. The bus driver had made an assumption that the pedestrian was going to continue across the road instead of turning back. However, this is not what transpired.
Posted: June 15th, 2018
A taxi driver who is now unable to play golf and experienced post traumatic stress disorder after a road traffic accident has been awarded a total of €82,000 in car crash compensation by the High Court.
Patrick Murphy was unable to swing the golf club following the crash four years ago Justice Bernard Barton was advised. The judge accepted the medical arguments made on behalf of Mr Murphy that as a result of the accident, where a van crashed into his taxi, that his arthritis was rendered symptomatic and he now suffers from a severe and painful condition in his elbows.
Mr Murphy (62), with an address at Cranfield Place, Sandymount, Dublin, took the car crash accident compensation action against Malone Engineering Services Ltd, Ballycoolin, Dublin, owners of the van which crashed in to Mr Murphy, and the driver, Francis Cleary, a worker at the company.
Mr Murphy said that on March 29, 2014 he was driving his taxi on the James Larkin Road, Dublin, moving beyond the junction with the Howth Road, when without the van suddenly made a right hand turn and crashed into the front of his car.
Liability was accepted in the case and it was before the court for final assessment of damages only.
Mr Murphy told the court that he experienced shock, fright and distress and had pain in neck, lower back and both arms. He also had flashbacks and traumatic nightmares following the accident. Judge Bernard Barton said that he believed Mr Murphy to be a truthful witness.
The judge told those present that Mr Murphy attempted to return to work but was unable to work nights following the accident.
Additionally the judge said that Mr Murphy had been unable to resume his hobbies of golf and DIY.
The judge accepted the proof given in relation to Mr Murphy suffering post traumatic stress disorder from which he has now largely recovered.
Posted: May 23rd, 2018
An incident where a drunken 20-year old-man stole a bus after a night drinking in the pub and drove the bus on motorways around Shannon town after crashing it into a wall was referred to a judge as ‘bizarre.’
in the case that wa sbeing heard at Ennis District Court, solicitor for Adam O’Brien, Daragh Hassett said that Mr O’Brien was involved in a “drunken prank that went horribly wrong. In fact, it was more serious than that”.
Mr O’Brien, with an address at Ravendale, Pass Road, Meelick crashed the 16 seater bus, belonging to PK Travel, into a wall in Shannon Co Clare causing €5,020 worth of damage.
After driving the bus around Shannon for one hour on February 10 this year Mr O’Brien and was swerving from lane to lane on the M18 motorway, heading into Limerick when he was stopped by Gardai in Bunratty at approximately 3am.
Mr Hassett said that Mr O’Brien had been waiting for a taxi to take him home at the front door of the Old Lodge pub at Ballycasey in the early hours of the morning. He stated: “There is a bit of Hollywood in this. Mr O’Brien is waiting for the taxi but what pulls up is his drinking buddy driving a bus who had taken it with the keys in it from the nearby car-park. The doors open and Mr O’Brien gets on.”
He said: “They get onto the road and his friend says ‘I’m a bit drunk, will you drive?’ and Mr O’Brien, who had lots to drink, decides to take the wheel of the bus and drive around Shannon.”
Mr Hassett said that Mr O’Brien’s decision to take the wheel of the bus “is something he will regret for the rest of his life”.
Judge Durcan remanded Mr O’Brien on bail to re-appear before the court on June 6.
Posted: April 12th, 2018
A child car accident compensation award of €37,500 settlement for two children injured has been referred to as ‘inadequate’ by their father.
The child car accident compensation award was split into €20,000 for his nine-year-old in relation to a suspected broken arm and €17,500 for his seven-year-old brother in relation to some soft tissue injuries.
The young boys were injured in a car accident which happened on March 26, 2016 and had sued the insured driver of the other vehicle, Dusan Gabor through their father Graham Comiskey
Through the boy’s Barrister John Nolan their father advised Judge Terence O’Sullivan in the Circuit Civil Court that was not satisfied with either road accident compensation settlement.
Mr Nolan remarked: “While the boys have sued through their father, Mr Comiskey, I have to consider the interests of the children and I do not believe they would gain higher awards in a full trial and may even be awarded much less”.
Mr Comiskey compared the settlement to the figures in the Book of Quantum in relation the compensation for injuries like these. He stated that they were at the lower end of suggested damages for these types of injuries.
He also asked if he would be able to appeal should the settlement should the judge approve the child road accident compensation.
Judge O’Sullivan outlined to Mr Comiskey that a separate different judge may award a smaller amount of road accident compensation to his boys. He went on to say that he was satisfied that the compensation settlement fell in the range of €15,000 and €20,000.
Legal representatives for the Comiskey family told Judge O’Sullivan that this had been made clear to Mr Comiskey. However, the boys’ father was still keen to reject accepting the settlement.
Judge O’Sullivan decided o approve both child road accident compensation settlement offers and said that the funds should be paid into court funds on behalf of the children that were injured.
He ended by saying that Mr Comiskey could appeal “any decision of the Circuit Court”.
Posted: March 13th, 2018
A driver is seeking van driver accident compensation in the High Court as he claims to have he hurt his back when a mattress he was delivering carried him for 12 feet before throwing him to the ground after it was taken by a gust of wind
The van driver, 54-year-old Mr Declan Homan, stated that was bringing the 4 foot 6 inch mattress to an apartment on his final delivery on December 13 2011 when the accident happened. Three days after the incident he said that he to leave work due to pain and has not been able to work since then. Due to this he has included a claim of €400,000 to compensate for loss of earning since then and in the future.
Mr Homan, Island Lodge, Walsh Island, Co Offaly, has sued Etmar Ltd, with offices at Glen Easton Point, Leixlip, Co Kildare, due to the outcome of the incident that occurred on December 13, 2011. One of Mr Homan’s brothers is a director of Etmar.
Kevin was doing deliveries with another one of his brothers in the Sandyford Industrial Estate in Dublin when he fell from a height of five feet, about twelve feet away from the truck.
Additionally, he has claimed that he was not provided with the required safety equipment such as a safety harness. Due to the injurie Mr Homan alleges that he began to suffer back pain immediately and still he has constant pain that is exacerbated by any degree of activity.
Etmar Ltd are denying these claims.
Mr Homan told Mr Justice Kevin Cross he went to work the next day and attended a doctor three days after the accident occurred.
Legal Representatives for Etmar, while cross examining Mr Homan, put it to him that the extent of his injuries and the consequences were a “gross exaggeration” to which Mr Homan replied: “I disagree with you.”
Counsel suggested to him the mattress incident was not foreseeable by his employer as it was caused by a gust of wind and, additionally, that he (Mr Homan) had not complained it was too windy to do the job. Mr Homan replied there was no point as he would have been told carry on regardless.
The case before Mr Justice Kevin Cross continues.
Posted: February 14th, 2018
Since 2016 there has been a 10% increase in the number of accident compensation claims, accidents involving uninsured or untraceable drivers, that were submitted to the Motor Insurers’ Bureau of Ireland (MIBI).
Insurance sector sources point to the fact that the rising expense of insurance premiums could be a huge factor in the increase in claims registered.
Set up in 1955, the MIBI was put in place to compensate individuals involved in car and road accidents caused the drivers of uninsured and unidentified vehicles. Insurance companies are required to contribute to its operation.
The MIBI awards between €55 million and €60 million in insurance awards on an annual basis with €55,364 per claim being the average figure awarded.
Co Dublin registered 41 per cent of all compensation claims (1,140) handled by the MIBI during 2017.
Across the country, the highest percentage increase was recorded in Leitrim with 70%.
Other increases include:
- Roscommon at 60 per cent
- Carlow at 43 per cent
- Monaghan at 42 per cent.
MIBI figures show that in total, 2,758 compensation claims for accidents involving uninsured drivers or untraceable vehicles was registered throughout 2017, a small increase on the 2,802 claims made during the previous year.
Posted: January 21st, 2018
A sister-in-law of a well-known member of the Dublin crime scene, Noeleen Coakley aged 45, was labelled “a woman who just seemed to attract misfortune” by judge Judge Raymond Groarke while assessing damages awarded to her in a rear end accident
Judge Groarke was referring to the fact that Ms Coakley had been injured in six car accidents in recent years. He made the remark as he approved a road accident compensation award of €28,000 for car accident injuries she sustained.
Noeleen Coakley Hutch (45) was married to Derek Hutch, who died in 2009, brother to Gerry ‘The Monk’ Hutch. The court was advised that Ms Coakley has been involved in six previous car accidents being awarded €60,000 car accident compensation in total from those incidents.
The hearing was an assessment of the compensation for a car accident being awarded, as liability had already conceded in the case.
Judge Groarke commented that, despite the similarities in Ms Coakley’s road traffic accidents, he found her to be an honest lady, thought with an unlucky record of accidents.
He went on to say that he did not agree with the manner that the legal team for the defence sought to argue that, Ms Coakley was “a chancer or a fraud” due to her experience of so many road accidents. The Judge said that he believed that she was an innocent party in all of those previous accidents.
Judge Groarke, in assessing the damages for this particular case, was advised that Ms Coakley had been rear-ended while travelling in her car in Ballybough, on May 19, 2014. She was brought, by ambulance, to the Mater Hospital Emergency Department folowing the accident. She received medical treatment here.
Judge Groarke award Ms Coakley€28,000 and legal costs in her road traffic accident claim.
Posted: December 20th, 2017
The result of report released by the Personal Injuries Commission (PIC) shows that the rate of whiplash injury is much higher in Ireland than in most other European countries.
The Personal Injuries Commission, which was set up in early 2017 to review compensation claims with a aim of looking closely at the surge in soft tissue and whiplash claims.
Car insurance costs grew by 70% between 2013 and 2016. Exaggerated/fraudulent claims are being held responsible for this surge.
The Commission reveals in the report that it is of the opinion that establishing an independent medical panel to review occurrences of whiplash injuries would interfere with a claimant’s rights, so it is not calling for that course of action to be introduced.
Alternatively it calls for the establishment of a uniform approach for medical staff dealing with whiplash injuries. Currently there is no relevant accreditation needed or benchmark standard for a doctor who needs to produce a medico-legal report on a personal injury compensation claim in Ireland. The report states that doctors should adopt a standardised method in diagnosing, treating and reporting on soft tissue injuries, of which the vast majority are whiplash related.
The Commission stressed that the Quebec Task Force Whiplash Associated Disorder grading scale should be applied by medical professionals reporting on relevant injuries. This scale is based on the extent of symptoms and associated physical indicators and states that “Training and accreditation in soft tissue reporting is agreed as being the best practice requirement for those wishing to complete relevant reports”.
It is thought that a self-testing element by the injured individual should also be introduced to assess compensation and damages neccessary.
Chaired by Judge Nicholas Kearns, the PIC urged insurance companies to publish details on the rates of whiplash injuries reported. This could be an pivotal element of the National Claims Information Database being developed by the Central Bank of Ireland at present.
Justice Kearns remarked that such sharing of information on whiplash injuries would improve the personal injuries compensation sector in Ireland by encouraging ‘an objective standard’ for examining whiplash injuries. He added that, in future, reports will look at comparative systems and bench marking compensation award levels globally to ensure we remain relevant.
Posted: November 23rd, 2017
Following a car accident that occurred in 2010 a Garda has been awarded €31,000 work accident damages due to injuries he suffered when his Garda squad car was rammed.
Former Limerick hurler Garda Nigel Carey (46), from Croom, Co Limerick, was injured when the Garda squad car he was sitting in was rear ended in October 2010 during a high-speed chase.
Legal Counsel for Mr Carey, Barrister Kevin D’Arcy, said his client had previously been quite a well known athlete, a hurler, at the time of the crash happening in 2010. Mr Carey attended his GP once regarding his neck, shoulder and lower back injuries and was advised to seek physiotherapy therapy.
Garda Carey advised the court that the Garda squad car was “sent flying” due to the force of the crash impact, the vehicle damaged to the extent that it had to be written off in the aftermath of the incident.
Mr Carey’s neck, right shoulder and lower back had been injured in the accident. He said that his shoulder was still restricted but it did not impede his movement to any great extent.
Presiding Judge, Mr Justice Bernard Barton said “the best medical report supporting Garda Carey’s claim for compensation” was given by the chief medical officer from An Garda Síochána who had reviewed Mr Carey’s injuries on behalf of the Minister for Public Expenditure.
Mr Carey did not try to gather up more and more medical reports to exaggerate his injuries. He also returned to work as soon as possible after the incident happened.
For this behaviour, the judge paid tribute to Garda Carey’s dedication during the Workplace Car Accident Compensation hearing as he had only been absent from work for just three days in the aftermath of the incident. He went on to say it was to Garda Carey’s eternal credit that he had not made an issue of his back injury which quickly became better.
Posted: October 8th, 2017
Izy and Amy Saul, two young sisters from Dublin have been awarded €33,000 in car accident damages due to a rear ending incident that saw the family car they were travelling in struck from behind in February 2016.
The two girls, aged seven and five years old, were travelling with their family when a car owned by defendant Tadgh Hartnett, collided with the back of their family car. Izy and Amy, from Rossberry Terrace, Lucan, Dublin were represented in court by Barrister Francis McGagh. Mr McGagh told Circuit Court President Mr Justice Raymond Groarke that the sisters were lucky to avoid serious injuries in the incident.
However, the girls were absent for one day of school following the accident to see their family doctor.
The girls mother, Claire Saul, made an affidavit to the court which said her daughters, who both have their birthdays later in October, now become nervous when travelling in a motor vehicle. Their family doctor said, in the official medical report, that this was a commonly experienced symptom following such a rear end collision.
The barrister, Mr McGagh advised Justice Groarke the Court that the family doctor found that the sisters had suffered minor psychological injuries due to the traffic accident. The official medical report from their family doctor was provided that said the girls’ had been inflicted with “a mild effect on the mental health”. The family doctor concluded that he expected this nervousness to fade over time.
The defendant Mr Hartnett, who was not present in Court, gave an address at AIG Insurance, North Wall, Dublin. The insurance provider made the road traffic compensation settlement offer of €16,500 each to the two girls, and their court expenses, on behalf of Mr Hartnett.
Claire Saul told the Judge that hat she was content with the €33,000 road traffic compensation offered to her daughters.
Posted: August 4th, 2017
A judge at the High Court has upheld seven car hire injury compensation claims relating to an accident in Lifford, County Donegal, in 2011.
On June 28th 2011, the driver of a hired Ford Fiesta failed to slow down as he was approaching a roundabout in Lifford, County Donegal, and hit a Peugeot 406 that was on the roundabout at the time. The driver of the Peugeot and six other men suffered soft tissue injuries. They subsequently made car hire injury compensation claims against the driver of the Ford Fiesta and the company from which it had been hired – Hertz Rent-a-Car.
In 2015, the seven victims of the accident were awarded amounts of €5,050 to €9,550 in settlement of their car hire injury compensation claims by Buncrana Circuit Court. Hertz Rent-a-Car appealed the awards – claiming that the accident had been fabricated and that the plaintiffs making the car hire injury compensation claims had exaggerated their injuries and the effect the injuries had on their quality of life.
The appeal was heard last month by Mr Justice Charles Meenan at the High Court. During the hearing, Judge Meenan was told the driver of the hired Ford Fiesta had been overheard calling the driver of the Peugeot 406 to get the details of his car when he returned the Ford Fiesta to the Hertz Rent-a-Car office in Derry. Due to the friendly nature of the call, the car hire company made further investigations and discovered all the plaintiffs were known to the negligent driver.
The barrister representing the seven plaintiffs told the court the allegations of fraudulently fabricating the accident were outrageous and lacking in support. Judge Meenan said he would reserve his decision until October, but earlier this week dismissed the car hire company´s appeal against the settlement of the car hire injury compensation claims and found in favour of the seven plaintiffs.
Upholding the awards of the Buncrana Circuit Court, Judge Meenan said the overheard telephone conversation was insufficient evidence to prove the accident had been fabricated and that “one would have thought, if the collision was a setup, the information sought in the call would already have been firmly fixed in his mind prior to returning the hire car.”
Posted: June 2nd, 2017
Two claims for whiplash injuries on the M1 have been resolved at the Circuit Civil Court after the negligent party withdrew its defence against the claim.
The claims for whiplash injuries on the M1 were made by a woman and her mother, who had been travelling from Dublin to Newry in a family group on a pre-Christmas shopping expedition in November 2013. As the woman drove along the M1 at a speed on about 80KMph, the sun roof blew off her recently-purchased Toyota, creating a noise described as “like a bomb going off in the car”.
The woman applied the brakes of the car sharply, causing all five adult occupants of the car to suffer whiplash-type injuries. The woman´s mother was the worse injured of the group – suffering a compression fracture of a vertebrae in her lower back as well as soft tissue damage. Two children travelling in the family group escaped injury due to being strapped into child seats.
The five injured occupants of the car made individual claims for whiplash injuries on the M1 against the car showroom from which the Toyota had been purchased – Denis Mahony Limited. The family members alleged in their legal action that the sun roof had been faulty at the time the car was purchased, and the accident in which they were injured was directly related to the faulty sun roof.
Liability for the injuries was denied, and two of the claims for whiplash injuries on the M1 were recently heard by Mr Justice Raymond Groarke at the Circuit Civil Court. At the hearing, Judge Groarke was told by an independent motor assessor that corrosion surrounding the frame of the sun roof should have been notice in a pre-sale inspection and attended to before the car was sold to the family.
The assessor testified that the advanced state of the corrosion led to the sun roof blowing off and the accident would have been avoided if the fault had been identified and rectified in a timely manner. Following the assessor´s testimony, Denis Mahony Limited withdrew its defence against the claims for whiplash injuries on the M1 – leaving Judge Groarke only to assess the amount of damages.
The judge awarded €25,000 compensation to the woman who suffered the compression fracture, and €12,500 to her daughter, who had not suffered such severe injuries and who had made a full recovery. The three remaining claims for whiplash injuries on the M1 – made by other family members injured in the accident – will now likely be settled out of court.
Posted: May 14th, 2017
A driver and her passenger have been awarded compensation for whiplash-like injuries which they sustained after the sunroof of their car flew off as they were driving along a motorway.
In November 2013, a family were travelling along the M1 at approximately 80 km/h in a four-month-old Toyota. Suddenly, the sun roof of their car blew off, creating a noise which one plaintiff described to be similar to “a bomb going off in the car” The driver, alarmed at the sudden noise, braked sharply, causing all five adult occupants of the car to suffer whiplash-type injuries due to the sudden stop. Fortunately, the two children travelling with them were strapped into child seats and were left unharmed.
After seeking legal counsel, the driver of the car and her 72-year-old mother claimed compensation for car accident injuries against Denis Mahony Limited of Kilbarrack Road in Dublin, where they had recently purchased the vehicle. They claimed in their legal action that their injuries were directly attributable to a fault with the sun roof that should have been identified in a pre-sale inspection.
The initial denied liability, stating that the sun roof was not faulty at the time of purchase. They contested the claims for compensation for car accident injuries. Due to the dispute in liability, the case was brought to the Circuit Civil Court, where it was heard by Mr Justice Raymond Groarke. An independent car assessor was brought as a witness to assess the condition of the car. They stated that they found extensive corrosion of the remaining frame of the sun roof and testified the corrosion had made the car unsafe to drive and should have been identified before it was sold to the driver.
Judge Groarke also heard that the five adult occupants and two children in the car had been travelling to Newry for a pre-Christmas shopping expedition at the time of the accident. The driver had subsequently pulled in to an AppleGreen filling station and stuck a plastic sack over the hole in the roof, but the shopping trip had to be abandoned due to their injuries and shock.
The judge said he accepted the sun roof flying off would have been a terrifying experience, and added that he understood why the driver had applied the brakes so sharply. He found in favour of the plaintiffs and awarded the driver of the car €12,500 and her mother, who had suffered more severe injuries, €25,000 compensation for car accident injuries.
Posted: April 3rd, 2017
A cyclist has received compensation for traumatic brain injuries he received after being involved in a road accident.
In late 2013, a man (thirty-three years old at the time of the incident) was cycling in Blanchardstown area of Dublin. As he was approaching the junction of the Ongar Distributor Road and Shelerin Road, he was hit by a van coming in the opposite direction. The driver of the van immediately fled the scene. According to eyewitnesses of the accident, the impact of the van threw the cyclist nearly three metres into the air, and he landed on his head. The onlookers immediately called emergency services were called.
The cyclist was immediately brought to Beaumont Hospital. Here, it was determined that the cyclist suffered a traumatic brain injury as a result of the accident. At the hospital he underwent a decompressive craniotomy. After this initial treatment, he was later transferred to the National Rehabilitation Centre. The cyclist suffered amnesia for four months due to the severity of his head injury. He had no memory of the accident, and later had be informed that he had been involved in the life-changing accident.
A police investigation was launched. A forensic investigator concluded the van was travelling at a speed close to 60 kmph when it hit the cyclist. The driver of the van was found and subsequently charged with criminal offences. He was brought before the courts in November 2015, where he was convicted with dangerous driving and causing serious harm while driving without a license or insurance. He was sentenced to 3½ years in prison. Following the criminal conviction, the cyclist´s wife claimed cyclist brain injury compensation on behalf of her husband.
As the van driver was uninsured, the claim was made against the Motor Insurers´ Bureau of Ireland (MIBI). The claim was not contested. Reports were made to assess the plaintiff´s future needs, and they concluded that a €3 million settlement of the cyclist brain injury compensation was sufficient. This offer of compensation accounts for the fact that the the cyclist had not been wearing a cycling helmet and therefore was liable for some of the damages. As the claim had been made on behalf of a plaintiff unable to represent himself, the settlement went to the High Court for approval.
The case was heard at the High Court by Mr Justice Kevin Cross. The judge was told the circumstances of the tragic accident, the consequences of the accident, and the fact that the settlement had been reduced to reflect the cyclist´s contributory negligence. Judge Cross approved the settlement of cyclist brain injury compensation. The judge closed the case by commenting it had been a dreadful incident, and closing the approval hearing by wishing the cyclist and his family the best for the future.
Posted: March 16th, 2017
A “talented” musician has been awarded €25,000 in compensation for a shoulder injury she sustained in a road accident in Dublin.
On Wexford Street in Dublin in March 2012, one taxi rear-ended another. The passenger in the front taxi-a thirty-three year old musician from Ardnacrusha in County Clare-suffered pain in her neck and right shoulder as a result of the accident. The was diagnosed with soft tissue damage, and prescribed painkillers for her injury by her GP when she sought medical attention the day following the incident.
The woman sought legal advice for pursing a claim for compensation for her injuries. Following the advice her solicitor, the woman applied to the Injuries Board for an assessment of her claim, The negligent taxi driver accepted liability for causing the accident and her injuries. However, the amount of the assessment of compensation for her injuries was rejected by the woman, who happened to be a musician. She claimed the proposed settlement of compensation for an injury in a taxi accident did not reflect the full consequences of her injury, as it affected her ability to play violin.
The case was heard at the Circuit Civil Court in Dublin, after the Injuries Board issued an authorisation for the woman to pursue her claim in court. Mr Justice Raymond Groarke presided over the case. He heard how the pain in her right shoulder prevented the woman from practising her violin several hours a day. In contest to this, the judge was also told by the defendant´s insurance company that her injury was unrelated to the “insignificant” collision between the two vehicles.
The judge stated that the medical evidence in the case was “very conflicting”. The judge did conclude that the injuries from the accident were “not particularly serious”, and that the woman was likely to make a full recover. In spite of this, the judge acknowledged that the woman needed a perfect shoulder to practise her violin and as such it was an exceptional case, as she had been described as a “talented musician” in court.
Judge Groarke finally awarded the woman €25,000 compensation for an injury in a taxi accident, stating he accepted the plaintiff´s belief that the discomfort she suffers is related to the March 2012 accident.
Posted: January 30th, 2017
Mr Justice Raymond Groarke, President of Dublin’s Circuit Court, has ruled that a €31,000 settlement for a young girl’s broken leg is not sufficient for the injuries she sustained.
The young girl, who has remained anonymous, was injured in April 2015 whilst attending the Larkin Early Education Centre in Ballybough, Dublin. The girl – then just two years old – managed to climb on top of a wardrobe and fell to the floor. Staff from the care centre rushed her to hospital, where an x-ray showed that she had fractured her tibia. An emergency operation was required to reset the bone.
For many weeks after the accident, the toddler was required to wear a full-leg cast. Once this was removed, she had to wear a protective boot until her injury was completely healed. However, two years on, the little girl still complains of intense pain and soreness in the leg that was broken in the fall. Her mother consulted a personal injuries solicitor and made a claim for personal injuries compensation on her daughter’s behalf against the Larkin Early Education Centre.
The claim alleged that the play centre had failed in their duty of care towards the young girl. After initial assessment by the Injuries Board, on offer of €31,000 was made. Her mother’s solicitors advised against accepting this offer, believing it inadequate for the nature of the injury sustained. Acting on this advice, the offer was refused and since no other was forthcoming, the case proceeded to the Circuit Civil Court.
At the court hearing, which took place earlier this month, Mr Justice Raymond Groarke was detailed the nature of the accident and the long-term impact the injury has had on the young girl. The judge agreed that the settlement was inadequate and has ordered the case to go to a full hearing.
How much compensation a victim is due is based on figures in the Book of Quantum, which has recently been revised. The book rules that the minimum compensation to be awarded for a fracture such as the little girl’s – where a bone had been displaced – was €40,500. Additionally, it states that injuries to the tibia are more serious than similar injuries to the fibula, and the fact that the child is still suffering dictates a higher settlement is due.
Posted: December 5th, 2016
A judge at the Limerick Circuit Court has awarded a plaintiff €10,000 compensation for exacerbating whiplash symptoms sustained in previous accidents.
In March 2015, the plaintiff – – a thirty-eight year old father of two from Rhebogue in County Limerick – was waiting at a junction by the Thomond Bridge in Limerick when his employer´s work van was struck from behind by a hit-and-run driver. While the plaintiff was reporting the accident to his employer, the negligent driver sped off – hitting the wall in his rush to leave the scene of the accident.
The plaintiff attended his GP´s surgery the following day complaining of aggravating existing neck, shoulder and lower back injuries – injuries he had sustained in several previous road traffic accidents. He also complained of suffering psychological problems as a result of the accident, and is receiving injections to manage his physical injuries.
When the negligent driver responsible for causing the accident had been located, the plaintiff claimed compensation for exacerbating whiplash injuries. However, the negligent driver´s insurance company refused to give its consent for the Injuries Board to conduct an assessment, and the plaintiff was given an authorisation to claim compensation for exacerbating whiplash injuries through the court system.
The case was heard last week at Limerick Circuit Court, where legal representatives for Liberty Insurance – the negligent driver´s insurance company – told Judge James O´Donohue that the plaintiff had made many similar claims in the past. The representatives read out a long list of previous successful injury compensation claims stretching back almost twenty years – including five in which a road traffic accident had exacerbated previous whiplash symptoms.
The judge was also told that the plaintiff was receiving disability benefits for his existing injuries, and was only allowed to work a certain number of hours each week. Commenting that the plaintiff had been “well compensated in the past”, Judge O´Donohue awarded him €10,000 compensation for exacerbating whiplash symptoms and his costs – describing the plaintiff as a “very unfortunate injury prone individual”.
Posted: October 9th, 2016
A young girl from Dublin, who punctured a lung after falling from an unsafe window, has had her compensation settlement approved by a Circuit Court judge.
In August 2012, when Róisín Byrne was just fifteen months old, she was living with her parents in an old Georgian building in Blackrock. However, whilst at the property, the little girl fell from a large sash window, falling nearly three metres before landing on a fire escape. Little Róisín was extensively injured, with lacerations to her head, broken ribs and a punctured lung. Róisín, now five years old, has recovered from her injuries though still bears a scar on her head.
Chloe Murphy and Ronan Byrne, Róisín’s parents, had previously expressed concerns about the window to the caretaker of the property. They felt that it was dangerous, as it opened very close to the ground and they had a young daughter. As such, they requested that the caretaker put an extra latch or lock on the window such that it would be more secure and an accident would not happen.
Róisín’s parents, Ronan Byrne and Chloe Murphy, had complained before the accident to the property’s caretaker that the window through which Róisín fell posed a hazard for the little girl, as it opened very close to the ground. As such, they requested that an extra lock be put on it. This request was never heeded.
Chloe Murphy, acting on Róisín’s behalf, made a claim for assessment of injuries with the Injuries Board. The owner of the Blackrock property, Enda Woods, consented to the assessment, after which the Injuries Board recommended a settlement of €46,000.
Though both parties agreed upon the sum, the claim for compensation was made on behalf of a child. As such, the settlement had to be approved by a judge before it could be awarded. As the value of the assessment exceeded €15,000, it proceeded to Dublin’s Circuit Court.
The case was overseen by Mr Justice Raymond Groarke. After he was detailed the circumstances of the accident and Róisín’s injuries, he approved the sum. The €46,000 will now be held in court funds until Róisín reaches adulthood.
Posted: September 26th, 2016
After many years of criticism, a new Book of Quantum will be published in Ireland with updated estimates of compensation settlements.
First published back in 2004, the Book of Quantum is a reference text used by solicitors, insurance companies and judges alike to settle claims for personal injury compensation when the victim of the accident was not at fault. It contains an extensive list of injuries and provides estimates as to how much compensation should be awarded in each instance, accounting for the severity of the injury and the long-term effects it will have on the victim’s health.
Yet the book has not been altered in twelve years, and as such many are dissatisfied with the estimates provided. Some solicitors and judges have stopped referencing the book when settling claims, whilst more still will continue to use the publication and only award the highest settlement. These different approaches to the issue have resulted in inconsistencies in how much compensation victims receive.
In an effort to tackle this problem, many of Ireland’s senior judges, along with the Courts Services and the Injuries Board began to write a new Book of Quantum. The new Book of Quantum uses data collected on over 52,000 personal injuries claims made in Ireland between 2013 and 2014. As such, the book is hoped to reflect current affairs.
Amongst other changes, the estimates were altered from the original to account for inflation over the last twelve years and changes in the cost of living. Additionally, more subcategories were introduced to facilitate fair and accurate compensation settlements.
Those hoping to recover compensation for injuries they sustained through accidents that were not their fault should consult a personal injuries solicitor as soon as possible after the accident occurred. The Book of Quantum only considers physical injuries, but it is also possible to claim for compensation if you have suffered a negative impact on your quality of life, emotional trauma or financial loss. A solicitor will help you through the complicated legal processes and work with you to recover a fair settlement.
Posted: August 21st, 2016
A judge in Dublin’s High Court has dismissed any allegations that a courier, who was injured when knocked down by a taxi whilst on a delivery, was at fault for his injury.
The courier, Rotimi Omotayo, was injured in March 2015 when delivery to a location off the Custom House Quay. Rotimi was cycling between lanes when a taxi, driven by Kenneth Griffin, quickly pulled out from a lane on the carriageway. Rotimi was hit by the taxi and fell to the ground.
Rotimi was incredibly fortunate in that he did not sustain any sever injuries as a result of the fall, and he returned to work relatively quickly after the accident occurred. Upon making an application for assessment to the Injuries Board, Rotimi learned that he was being accused of negligence leading to his own injuries. As such, the Injuries Board refused to assess his case. The courier was still issued with authorisation to pursue his claim through the High Court, where it was overseen by Mr Justice Bernard Barton earlier this month.
The court heard evidence from a variety of witnesses supporting both opposing parties. Before awarding compensation, the court needed to assess whether or not Rotimi was guilty of contributory negligence by breaching Road Traffic Regulations.
However, Judge Barton ruled that Rotimi was not breaching regulations. As he was crossing to the “river side” of the quay, he was entitled to be in the outside lane before turning. All allegations of contributory negligence were dismissed.
Judge Barton also commented on a contemporary issue in the courts when he said that he would not use the Book of Quantum in determining the settlement as it was “hopelessly out of date and of little assistance”.
Instead, the principles of Tort Law was applied and Rotimi was awarded €30,000 in general damages for his injuries. The courier did not receive any special damages as Judge Barton ruled that the claim lacked evidence, though Rotimi was compensated for his legal costs.
Posted: July 8th, 2016
A teenage girl, who sustained a deep cut to her knee whilst she was on holiday with her family as a child, has received a six-figure settlement of compensation for the injury.
The accident occurred in August 2009, when Shauna Burke – then aged ten – was holidaying in the Slattery Caravan Park, Co. Clare, with her family. Whilst playing with her friends, Shauna ran past a pole that had a nail jutting from it. This nail caused a deep laceration to Shauna’s leg.
Though Shuana received immediate medical attention, the nature of the deep wound meant that she had a very noticeable scar above her knee. John Burke, acting on Shauna’s behalf, consumed a solicitor and proceeded to make a personal injuries claim against Austin Francis Slattery, who owned the holiday facility.
In the claim, Slattery was accused of negligence. It was alleged that he was aware of the nail and knew that it was a potential hazard for the guests of the park. Though Slattery denied that he was liable for Shauna’s accident and subsequent scar, he offered a €106,000 personal injury settlement for Shauna’s suffering and future medical procedures.
However, as Shauna is a minor, the claim had to be approved by a judge in the High Court before it could be awarded. Mr Justice Anthony Barr oversaw the hearing, who approved the settlement after seeing Shauna’s scar and hearing the details of the case.
However, as Shuana is just seventeen, the settlement will be paid into court funds until her eighteenth birthday.
Posted: June 16th, 2016
The Human Rights Committee of the United Nations has recently stated that the Irish government should compensate a woman for the ordeal she endured to access an abortion, as well as calling for reform of the restrictive laws.
These criticisms come in spite of changes to the Eighth Amendment – which protects the right to life of the unborn – that were introduced in 2013. Under the new regulations, women may access terminations if it can be shown that their health is put at risk by the pregnancy. However, this applies to a limited number of cases and there are still many instances in which terminations are illegal. These include fatal foetal abnormalities and pregnancies that result from rape or incest.
With such restrictive laws, many Irish women will choose to travel abroad for treatment. Amanda Mellet was once such woman – at twenty-one weeks, she learned that her foetus had abnormalities that would inevitable lead to a miscarriage or death shortly after birth. Amanda did not want to endure either scenario, and travelled to the United Kingdom – a common destination for those in similar situations – for treatment.
Amanda has since testified that her experience was traumatic and upsetting. The regulations meant that it was hard to access information on the procedure before she left, and it prevented her from seeking bereavement counselling upon her return. Amanda then decided to start “Termination for Medical Reasons”, an campaign that fights for changes to Irish law. The organisation has even gone to the UN Human Rights Committee, arguing that claims that the current laws are cruel, discriminatory, inhuman and degrading.
The Human Rights Committee ruled in Amanda’s favour, finding that the current laws put Amanda’s health and wellbeing at risk.The committee called for the a settlement of compensation to be paid to Amanda, as she underwent necessary financial and emotional suffering because of the government’s failure to provide terminations “in the familiar environment of her own country and under the care of health professionals whom she knew and trusted.”
The United Nations went further in their criticisms of the State, saying that the government should consider revising the Eighth Amendment to allow “effective, timely and accessible procedures for pregnancy termination in Ireland, and take measures to ensure that healthcare providers are in a position to supply full information on safe abortion services without fearing being subjected to criminal sanctions.”
Posted: May 11th, 2016
A Dublin-based food storage company has plead guilty to HSA charges of breaching health and safety laws that lead to the death of an employee.
The victim of the accident, Robert Ceremuga, was just thirty-two years old when he was killed in a work accident on the 28th November 2015. Whilst working in a warehouse owned by his employers, VF Coldstores Ltd, a rack that was supporting over thirty-six tonnes of foodstuff gave way, causing the products to fall onto Robert and kill him instantly. A report followed that determined the rack broke because of an accidental collision with a forklift, which was being operated by an employee that had been working with the firm for just three weeks. It was later uncovered that the person operating the vehicle lacked the adequate license to drive a forklift.
VF Coldstores Ltd were then prosecuted by the Health and Safety Authority, who alleged that the company had breached health and safety laws. Last month, at the Circuit Criminal Court, a representative for the firm plead guilty to all charges. The court, overseen by Judge Melanie Greally, also heard a victim impact statement read by Maria, Robert’s widow. After this statement the hearing was adjourned by Judge Greally such that a “scientific” approach could be used when calculating compensation.
The hearing was reconvened by Judge Greally earlier this month, during which VF Coldstores Ltd were fined €200,000 for breaching the health and safety regulations. In an interview with the press after the announcement of the fine, Brian Higgisson, the Assistant Chief Executive of the HSA, said that “It is important that employers adequately manage and conduct work activities, in particular carrying out risk assessments before any major works, such as alterations to racking. These assessments should ensure that everyone has the necessary training, knowledge and experience to complete the work in a safe manner.”
Posted: April 14th, 2016
A High Court judge has awarded a six-figure settlement of compensation to a waitress after expert testimony showed the jugs she was required to use were not fit for purpose.
The claim for compensation was made by Sophie Caillaud, aged forty-two, after she sustained a deep cut to her thumb when a jug she was using suddenly shattered in her hand. At the time of the accident, Sophie was working in the Lough Rynn Hotel in Mohill, Co. Leitrim.
Sophie was brought to hospital and surgery was carried out to try and heal any soft-tissue damage she had sustained. However, since the accident Sophie has not regained full strength in the digit and this has negatively affected her ability to carry out day-to-day tasks.
After seeking legal counsel, Sophie made a claim for her work accident compensation against Bunzl Outsourcing Ltd and Utopia Tableware Ltd, the suppliers and manufacturers of the jugs.
The two defendants disputed the claim for compensation made by Sophie, alleging that the amount being requested was too high for the type of injury sustained. The also argued that Sophie had acted negligently, and contributed to the accident herself.
Negotiations did not yield any results, and after interventions from the Injuries Board failed, the case proceeded to the High Court in Dublin, where it was heard by Mr Justice Kevin Cross. Judge Cross was informed of previous injuries sustained by hotel staff because of the same type of glass jug that had injured Sophie.
An expert witness also gave testimony at the hearing of how rapid heating and cooling of the jugs – as they would experience in a dishwasher – would have weakened the joint between the jug’s thick handle and comparatively thin body. The expert concluded that the jugs did pose a risk and were, as such, unfit for purpose.
After Sophie gave her testimony, Judge Cross dismissed any allegations made by the defendants of her contributory negligence, as well as allegations made that she had exaggerated the extent of her injuries. After commenting that he had found Sophie to be “entirely genuine”, he awarded her €500,000 in compensation.
Posted: March 12th, 2016
A compensation claim made by a chef for injuries sustained in a restaurant kitchen have been resolved for a five-figure compensation settlement.
Mr Shijun Liu was working in the Howard’s Way Restaurant, Rathgar in March 2013 when the accident occurred. On the day of the incident, Mr Liu was working in the restaurant’s sister establishment in Dublin, and was trying to help a cleaner manoeuvre a domestic power hose that was used to clean kitchens.
As he was attempting to untangle the hose, it suddenly turned on and started spurting scalding water, causing severe burns to Mr Liu’s foot. He was taken to the VHI Clinic in Dundrum for treatment.
Mr Liu was incapacitated for two weeks after the accident, unable to return to work. After seeking legal advice, Mr Liu proceeded to make a claim against his employer, Declan Howard (trading as Howard’s Way Restaurant). When the Injuries Board requested permission to investigate the claim, however, it was denied.
The claim for the kitchen injury compensation was taken to the Circuit Civil Court earlier this month, where it was heard by Mr Justice Raymond Groarke. Evidence was given that the hose was not suitable for use with such hot water, as it would have softened over time. Judge Groarke found in Mr Liu’s favour, awarding him €15,000 compensation, adding that he found Mr Liu’s version of the events very compelling.
Posted: February 16th, 2016
The liability for injuries sustained by a social worker while working for the HSE has been split equally between the man and his employer.
In June 2009, a social care worker by the name of Joseph Kavanagh (54) was working with youth with behavioural difficulties in a Special Care Residential Unit. Joseph-originally from Enfield, County Meath-was asked to supervisor a teenager on a routine family visit. Towards the end of the occasion, the teenager-who must remain anonymous for legal reasons-grew agitated and ran away from Joseph.
Joseph ran after his charge, but twisted his knee and fell to the pavement, hearing a loud cracking sound as he hit the ground. He was brought to hospital, and an x-ray later revealed that he had broken a bone in the area. Despite medical intervention, Joseph still experiences discomfort that distracts him from daily life. He was also left with a scar from his injury.
Joseph sought legal advice, and made a social care worker injury claim against the Health Service Executive (HSE). In the action, Joseph claimed that his employer failed to carry out a thorough risk assessment of the situation, despite the youth showing severe agitation prior to the visit. Joseph argued that had the assessment been carried out, a fellow social care worker or member of staff should have been present so that Joseph would not have had to give pursuit.
His employers denied any liability for Joseph’s injuries. The social care worker injury claim was brought to the Circuit Civil Court, where it was heard by Judge Francis Comerford. Midway through proceedings, the judge was told that a settlement had been agreed between the parties and that the dispute had been resolved.
The details of the settlement of compensation were not released, but it is known that the liability for Joseph’s injuries were split equally between the HSE and Joseph. The case was struck out of court, and Joseph was awarded his legal fees.
Posted: January 31st, 2016
A twenty-five year-old Longford man has received a settlement of compensation for brain injuries he sustained at just eighteen years old.
On the 27th January 2009, Francis Smith – of Edgeworthstown in County Longford and employed in a local factory – was driving along a road. However, because of an oncoming vehicle, Mr Smith had to suddenly swerve to avoid a collision. This action, regrettable, caused his to collide with a parked lorry just ahead of him, and left him with severe and extensive physical and cognitive injuries.
Mr Smith, then aged just eighteen years old, was so severely injured by the collision that he can no longer work, and is reliant on his mother, Martina Dempsey, for twenty-four-seven care. Acting on behalf of hew disabled son, Ms Dempsey filed a claim for compensation against the Longford County Council. In the claim, Mr Smith’s mother alleged that there were the ongoing roadworks were not sufficiently advertised and as such motorists were not adequately aware of their presence. Additionally, there was no flagman at the site to make drivers aware of oncoming vehicles. She also claimed that the lorry with which her son collided was parked such that it extended too far onto the road, and its nearness to the roadworks posed another danger.
Longford County Council never conceded liability for Mr Smith’s injuries, counteracting Ms Dempsey’s claim by stating Mr Smith was mostly accountable for his injuries as he had been negligent and driven too fast for the conditions of the road.
When the case went to Dublin’s High Court, the parties had negotiated a €750,000 settlement of compensation – roughly 25% of the claim’s full value. The case was overseen by Mr Justice Kevin Cross, who proceeded to approve the settlement of compensation. In his closing remarks, Judge Cross said he wished Mr Smith well in his future.
Posted: December 22nd, 2015
A judge in Dublin’s High Court has awarded compensation for emotional trauma to a fourteen-year-old boy after a fire in his home left him traumatised.
The accident occurred when a Hotpoint dishwasher burst into flames in a family home in Kinnegad, Co. Westmeath on the 26th June 2010. The entire Monds family, who owned the home, managed to escape the burning building with little physical damage, though they could not live in their house until the following spring.
One of the Monds’ children, Aaron – who was just nine years old at the time – was severely affected by the fire. He suffered from a known intellectual disability, and the fire exacerbated his obsessive-compulsive tendencies to include checking and rechecking that electrical appliances were turned off.
Henry Monds, Aaron’s father, made a claim for emotional trauma compensation on his son’s behalf against Indesit UK Ltd, who manufacture Hotpoint appliances. AN investigation had attributed the start of the fire to a fault in the appliance, and after the company admitted liability, the case proceeded to the High Court. This was necessary because the claim was made on behalf of a minor.
The case was overseen by Mr Justice Bernard Barton, who heard evidence of how Aaron was still badly affected through night terrors and anxiety around fires. Testimony was also given that therapy was helping to relive some of the symptoms, though Aaron was still anxious that another fire could occur.
After accepting Aaron’s medical evidence and diagnosis of post-traumatic stress disorder, Judge Barton awarded Aaron a compensation settlement of €51,244. The judge ordered that this settlement be paid into court fund unit Aaron reached the age of eighteen.
Posted: November 28th, 2015
A teenager, who successfully made a claim for compensation for injuries she sustained in a traffic accident when she was just six years old against her mother, has received a €1.3 million compensation settlement.
The accident occurred on the 26th November 2005, when Beth Cullen – then aged just six years old, from Wicklow – was travelling as a passenger in a car driven by her mother, Caroline Barrett, along the infamous Nine Bends, part of the N11. As a result of the accident, beth became blind in her left eye, deaf in her left ear, and lost her sense of smell.
William Cullen, Beth’s father, proceeded to make a claim for compensation on his daughter’s behalf against Ms Barrett. In the claim, he alleged that – as well as not having enough regard for their daughter’s safety – Ms Barrett could not adequately steer, stop or manoeuvre the family car that she had been driving. As such, she caused the crash which resulted in Beth’s serious injuries.
Ms Barrett’s insurance company conceded liability for the accident, and the parties proceeded to negotiate a compensation settlement for Beth. When the sum – €1.3 million – was agreed upon, the case proceeded to the High Court. As the claim was made on behalf of a minor, a judge had to approve the settlement before it could be awarded.
Mr Justice Kevin Cross oversaw proceedings in the High Court earlier this month. After hearing the circumstances of the case, and details of how Beth was managing to do well in school in spite of her obvious difficulties, Judge Cross approved the settlement for car crash compensation, wishing Beth well for the future.
Posted: October 30th, 2015
A group of seven patients, whose gynaecologist had recently been found negligent by the Medical Council, have made claims for compensation after negligent hysterectomies.
Each woman filing for compensation received treatment from Dr Peter van Greene, who performed the allegedly negligent procedures between 2009 and 2011 at the Aut Even private hospital in Kilkenny. The gynaecologist was recently found guilty by the Medical Council’s Fitness to Practice Committee for two counts of poor professional performance.
Helen Cruise and three other women – who have remained anonymous – brought forward the complaints against Dr van Greene. Helen underwent a hysterectomy at the private facility, but told the Medical Council that the gynaecologist did not get her informed consent before the treatment was carried out.
She told the committee that the procedure, along with any risks associated with it, were not explained to her until after the administration of her anaesthetic.
Helen also told the council of how she needed 6 pints of blood after the operation because of excessive bleeding. Ever since, Helen has suffered from bouts of depression because of the poor standard of treatment.
The committee also heard evidence of how Dr van Greene, now unemployed, had recently filed for bankruptcy in the United Kingdom. Before becoming unemployed, Dr van Greene worked at the Whitfield Clinic in Waterford whilst the investigation into his alleged misconduct was carried out.
Though he has filed for bankruptcy, this does not prevent Dr van Greene’s patients from getting compensation if they are granted it. The settlements would be paid by Dr van Greene’s formed medical indemnity insurance company.
Posted: September 5th, 2015
A forty-seven year-old man, who was seriously injured after he fell from a ladder at work, has received compensation for his injuries.
The accident occurred on the 22nd March 2011 when Michael Brady, from Monasterevin in Co. Kildare, was working at his family firm in Naas. He had just started work at the Philip Brady Building Contractors Ltd when he was asked to clear vegetation from a gutter. Accompanied by his father, Philip Brady (who does not own the company, but is related to the owner), he climbed atop of a sixteen-foot ladder to accomplish the job.
Philip briefly left his son, but by the time he returned, Michael had fallen from the ladder and was found unresponsive on the ground. The emergency services were called and Michael was rushed to hospital. There, he underwent emergency neurosurgery and since has had other operations to reconstruct his the damage to his face and repair some more of the brain damage. However, since the accident, Michael has been dependent on round-the-click care and has suffered from impaired vision.
The brain damage meant that Michael was deemed unable to represent himself in court, and as such Philip Brady Senior made a claim for work injury compensation on his son’s behalf. In the claim, Philip alleges that the ladder Michael was required to use was not suitable for the task and that it lacked sufficient safety guards to prevent him falling.
However, Philip Brady Building Contractors Ltd denied that they were liable for Michael’s accident. However, just before the scheduled High Court hearing, the judge who was to oversee the case was informed that Michael had been offered a compensation settlement of €1.5 million. The judge approved the settlement for a work injury claim and then closed the case.
Posted: August 10th, 2015
The critical comments, which claimed that children in residential care homes are put in a “vulnerable situation”, were made by the Ombudsman for Children whilst on national television.
Niall Muldoon, the Ombudsman for Children, was interviewed as part of RTE1’s “Morning Ireland” programme earlier this week when he criticised the HSE’s Child and Family Service (“TUSLA). During the programme, he claimed that the scheme was allowing both voluntary and private residential homes for children to continue running, despite evidence that those who ran them were breaching regulations.
The Ombudsman said that the shortage of staff at TUSLA was largely to blame for the “inconsistencies and discrepancies” across the country. He said that his office conducted their own investigation, which uncovered that there was often a fourteen month delay after registration for an investigation. Muldoon said that it was this delay that caused children in the homes to be put in a “vulnerable situation”.
Mr Muldoon went on the explain that the inconsistencies were a result of the HSE having four different regions that grew over two decades. Each separate regions have its own regulations and procedures, which means that the standards across the different regions varies. This concerns the Ombudsman, who says that his office would like to see the same standards across the country.
The Ombudsman has initiated proposals with TUSLA that aims to amalgamate the body into the Health and Information and Quality Authority (HIQA, who currently monitor state-run residential care homes). They hope that the agency will be independent, in line with recommendations made by the 2009 Ryan Report.
Brian Lee, TUSLA’s Director of Quality Assurance, spoke later on RTE’s News at One, saying that “We are working very closing with the Department of Children and Youth Affairs and with HIQA to move this along. There’s nothing impeding us from supporting this process but it’s in the hands of the Department and HIQA to move this forward.”
Posted: July 11th, 2015
A seventy year-old woman has been awarded a six-figure settlement of compensation after she injured herself in the local Dunnes Stores.
On the 2nd July 2013, Bernadette O’Leary went to her local branch of Dunnes Stores to buy a waterproof canopy, which she would then use to protect her stall at the local market where she sold food products.
After searching the shop, Bernadette found a small gazebo. However, she was unsure whether or not it was waterproof, and asked an employee for assistance. However, the assistant she asked was also unsure. He asked Bernadette to follow him through the store as he found a colleague to consult.
However, as Bernadette followed the shop assistant, she fell to the ground after tripping over a deckchair that had been removed from its packaging. This was done so that the deckchair could be put on display, but in the interim it was left aside.
Bernadette was taken to hospital in an ambulance, but had to wait on a trolley for over forty-eight hours as there was no available bed. Eventually, she was treated for a broken hip. Upon her discharge, Bernadette sought legal counsel before making a claim for shop injury compensation against Dunnes Stores.
In her legal action, Bernadette alleged that Dunnes Stores were negligent by leaving the deckchair out in an aisle, as it posed a serious trip hazard. However, this was contested by the retailer, who argued that Bernadette should have been more cautious.
As liability was contested, Bernadette was issued with authorisation by the Injuries Board to pursue her claim in court. As such, the case was heard earlier this week in Cork’s High Court by Mr Justice Henry Abbot.
During the hearing, CCTV footage of Bernadette’s fall was presented to the judge. Considering this, and other evidence, he ruled that “the defendant had invited the plaintiff into the path of a hazard on which she fell and was injured”. He then proceeded to award Bernadette €137,000 for her injuries.
Posted: June 13th, 2015
A High Court judge has ruled that the victim of a hit-and-run accident was partially liable for his injuries.
The accident occurred on the 2nd November 2012 when twenty-five year old Anthony Driver, from Enniskerry in Wicklow, was waiting on a friend after a night out. He was hit whilst standing at Sidmonton Avenue Junction.
Anthony cannot remember much of the accident. He can recall that the car – which was never identified – briefly pulled over after hitting him, but proceeded to drive away. The driver did not check Anthony’s condition or call the emergency services.
Later that night, Anthony was found by a passing Garda. The Garda proceeded to take Anthony to the hospital, where he was diagnosed with extensive fractures to his spine and ribs, lacerations to his liver and other internal injuries.
Anthony spent a total of nine days in hospital, with four of them spent in the intensive care unit. Despite his treatment, Anthony still experiences pains in his back and found it difficult to eat.
To claim compensation, Anthony had to make his claim with the Motor Insurers’ Bureau of Ireland (MBI). The MBI handle claims where the perpetrator of the crime was never traced by the police, as is the case with Anthony’s accident. They also handle cases where the driver was uninsured.
However, Anthony’s claim was disputed by the MBI. This was based on a testimony from the Garda who found him, who described Anthony as “grossly intoxicated” on the evening of the hit and run. Taking this statement into account, the MBI argue that Anthony was partially responsible for his injuries.
The case proceeded to the High Court in Dublin to settle the liability dispute. There, the case was heard by Mr Justice Nicholas Kearns. Anthony confessed to the judge that he had been inebriated on the evening of the accident, which caused the MBI to restate their argument that he was somewhat liable for what happened.
The hearing was briefly adjourned before Judge Kearns returned to assign Anthony 75% contributory negligence for his hit-and-run injuries.
Posted: April 15th, 2015
A leading UK solicitor has published an opinion piece in which she argues that insurance industry whiplash claims are out of proportion.
Ruth Bennett – a specialist in road traffic compensation claims in the UK – wrote her Op-Ed in response to insurance industry whiplash claims by Aviva Liverpool Ltd that the UK´s “compensation culture” was to blame for a forecast 9% year-on-year increase in whiplash injury compensation claims.
According to Aviva Liverpool Ltd, too many fraudulent and exaggerated claims are still being made, and the company speculated that the total number of whiplash injury claims in 2014/15 would exceed 840,000. The company´s press release proposed further changes to whiplash injury legislation that would reduce the number of claimants eligible to claim compensation for whiplash injuries.
Ms Bennett attacked suggestions that the Statute of Limitations for whiplash injury compensation claims should be reduced to twelve months (from three years in the UK) and proposals that – in order to be eligible for whiplash compensation – a claimant must have displayed symptoms of an injury for at least three months.
She added that the Government has already introduced several changes that make it harder for genuinely injured people to claim compensation when they have been hurt in an accident for which they were not at fault, and said that the need for further changes was unnecessary. Ms Bennett also attacked the insurance industry whiplash claims for being misleading.
In a further attack on the insurance industry whiplash claims, Ms Bennett argued that, if insurance companies believed that a “compensation culture existed”, they should be the ones to address the problem. She said that if it was believed by the insurance industry that whiplash claims were fraudulent or exaggerate, why not challenge them in court.
She concluded by saying that the insurance companies promised car insurance premiums would come down when the previous series of changes to whiplash compensation law were made. It did not materialise last time, she argues, and would be unlikely to happen if further changes were made to appease the insurance industry.
Although Ms Bennett´s comments applied to insurance industry whiplash claims made in the UK, the same story applies in Ireland, where there has been a failure by insurance companies to reduce car insurance premiums despite huge savings in litigation costs due to the introduction of the injuries board. And still the insurance companies complain about whiplash injury compensation claims!
Posted: February 17th, 2015
A €10,000 settlement of passenger whiplash injury compensation has been awarded by a Circuit Civil Court judge after a hearing in Dublin.
At the Circuit Civil Court in Dublin, Circuit President Mr Justice Raymond Groarke heard how John Connors from Saggart in Dublin was a passenger in a car when it collided with a wall on Kiltipper Road in Tallaght on 2nd December 2010.
John – who was fifteen years of age at the time – was treated at the Tallaght Hospital for soft tissue injuries to his neck and back, and returned to the hospital several times to receive physiotherapy on his injuries.
On John´s behalf, his father had made a claim for passenger whiplash injury compensation against the driver of the car – John´s aunt, Bridget Connors. Liability for the accident and John´s injuries was admitted, but John´s father was not happy with the assessment of the claim by the Injuries Board.
An authorisation was issued by the Injuries Board, and the case went before Judge Groarke for his assessment of passenger whiplash injury compensation.
In court, the judge was told that confusion existed over John´s claim, as a similar claim had been made in County Cork. John told the judge that his father (now deceased) had taken him to see a firm of solicitors, but he did not remember who the solicitors were or how to find them.
As the claim for passenger whiplash injury compensation was before Judge Groarke for the assessment of damages only, the judge enquired about any long-term consequences John had suffered as a result of the accident four years ago.
John replied that the soft tissue injuries in his neck and back had healed, but told the judge that he had an unrelated liver condition that meant he could not drink alcohol and that would eventually lead to premature aging.
Judge Groarke awarded John €10,000 passenger whiplash injury compensation and the costs of bringing his legal action. The judge commented that the fact John had suffered soft tissue injuries was not in doubt and liability had not been contested.
Posted: November 25th, 2014
An actress´s legal action for whiplash injuries has been settled out of court during the first day of a hearing in Dublin.
Former “Fair City” actress – Rebecca Smith – took legal action for whiplash injuries after sustaining soft tissue damage on November 24th 2008 during a location shoot in the Mount Merrion Church area of Dublin.
Rebecca – who played the character of Annette Daly in the soap opera – was being filmed while a passenger in a car which was driven by a stuntman employed by RTE. During the filming of the sequence, Rebecca was thrown back and forth in the passenger seat as the stuntman was required to brake sharply on several occasions.
Immediately after shooting the scene, Rebecca – from Killiney, County Dublin – felt pain in her neck and was taken to a local VHI Swiftcare Clinic. Despite receiving prompt treatment, the pain in Rebecca´s neck extended down into her back and through her right arm. Rebecca experienced numbness and tingling all the way down to the fingers of her right hand.
Claiming that her injuries made it impossible for her to sleep, and that she was out of work for a week due to the injuries she sustained, Rebecca took legal action for whiplash injuries against the producers of the show – RTE – claiming that the company was negligent by failing to employ a stunt double during the scene and had thus failed to ensure her safety.
RTE disputed Rebecca´s allegations, and the Injuries Board issued Rebecca with an authorisation in order that Rebecca could pursue her legal action for whiplash injuries through the court process. However, on the first day of the hearing at the Circuit Civil Court in Dublin, Rebecca´s legal representative informed Mr Justice Raymond Groarke that the actress had settled her legal action for whiplash injuries and that the claim could be struck out by the court.
Posted: October 30th, 2014
A car accident wrist injury claim, made by a woman who was forced to retire from training horses, has been resolved after a hearing in the Circuit Civil Court.
Denise Murray (49) from Newcastle in County Dublin made her car accident wrist injury claim after a crash in December 2011 left her with a weak right wrist. Denise – who up until the time of the accident had been a stud groom with a small stable of horses that she trained for show jumping and eventing – was unable to continue her outdoor profession and had to take a clerical job in a village post office.
Before Mr Justice Raymond Groake in the Circuit Civil Court, Denise explained that she was no longer able to ride, school or groom her horses and that the slightest pull on her wrist could cause excruciating pain. She added that turning a key in a door or opening a jar with her dominant right hand resulted in pain and that pain killers did not agree with her.
A former DIY enthusiast – Denise has had steroid injections in the base of her thumb to try and resolve her wrist injury, and the only option available for her – Judge Groarke heard – was to undergo surgery that would involve the insertion of pins into her wrist. Denise said that there was no guarantee that this would be successful and that an existing asymptomatic arthritic condition had also been aggravated as a result of the accident.
The judge agreed with Denise´s car accident wrist claim, and said that Denise would have had an ongoing good quality of life for many years had it not been for the trauma she suffered as a result of the car crash. He awarded Denise €30,500 compensation for the injury and her loss of an outdoor occupation.
Posted: August 19th, 2014
A woman´s passenger whiplash injury compensation claim has been settled for $3.1 million after a trial at the Superior Court of California in Pasadena.
Teresa Gamage (59) from Beverley Hills in California brought her passenger whiplash injury compensation claim after being hurt in a low-impact collision in May 2011. The vehicle in which Teresa was a front seat passenger was waiting at a red light near Olympic Boulevard in Los Angeles when it was rear-ended at low speed by a car driven by Estelle Roitblat.
Teresa immediately felt a pain in her neck and attended her doctor the same day. An MRI scan revealed that Teresa had ruptured the C5-6 disc in her neck and, due to the soft tissue injuries also sustained in the accident, it was pressing against her spinal cord and causing her considerable pain.
Doctors attempted to manage the pain with epidural injections and physical therapy, but in November 2011 Teresa had to undergo fusion surgery. Due to the costs of the mounting medical expenses, Teresa sought legal advice and made a passenger whiplash injury compensation claim against Roitblat.
Roitblat contested the claim on the grounds that the impact between the two cars had caused only minimal damage and was insufficient to cause such a serious injury. Roitblat´s insurance company also contested Teresa´s claim on the grounds that the amount being claimed was excessive.
Roitblat´s insurers offered Teresa a settlement of her passenger whiplash injury compensation claim amounting to $87,000 – a fraction her medical expenses – and the offer was rejected by Teresa´s solicitors. Consequently the case was presented to a jury at the Superior Court of California in Pasadena before Judge Jan Pluim.
During the trial, Roitblat´s solicitors pressed the case that neither Teresa´s claim nor the amount of compensation she was asking for could be justified. However, after four hours of deliberations, the jury delivered a verdict in favour of Teresa and awarded her $3.1 million in resolution of her passenger whiplash injury compensation claim.
Posted: July 29th, 2014
Settlements of whiplash injury compensation claims could be delayed by up to three months following the introduction of the Recovery of Certain Benefits and Assistance Scheme.
The “Recovery of Certain Benefits and Assistance Scheme” is a new initiative due to be introduced on Friday 1st August which will enable the Department of Social Protection to recover welfare benefits paid to plaintiffs that directly relate to their whiplash accident.
Although likely to only affect the most seriously injured plaintiffs (due to the category of welfare benefit that is included in the new scheme), insurance companies will have to apply to the Department of Social Protection for a statement indicating the value of applicable welfare payments paid to the plaintiff over the previous five years.
The insurance company will then deduct the appropriate amount from settlements of whiplash injury compensation claims, send the repayment of the welfare benefits to the Department of Social Protection, and the balance to the plaintiff. The problem of delayed settlements is caused by the procedures that are involved.
The Department of Social Protection has four weeks in which to supply the insurance company with the statement of benefits paid; after which the insurance company must send the repayment to the Department and wait for a certificate of repayment to be received before sending the balance to the injured plaintiff. Depending on the efficiency of the Department and the insurance company, settlements of whiplash injury compensation claims could be delayed by up to three months.
It is important to note that the Recovery of Certain Benefits and Assistance Scheme only applies to plaintiffs who have received Disability Allowance, Invalidity Pension, Injury Benefit, Illness Benefit, Partial Capacity Benefit or Incapacity Supplement as a direct result of their whiplash injury. Plaintiffs who have not received these benefits, will experience a much shorter delay while the Department of Social protection confirms that no deductions are to be made.
If you are not clear about the new process for settlements of whiplash injury compensation claims, you should speak with a solicitor at the first possible opportunity.
Posted: February 13th, 2014
A thirty-two year old woman, who suffered devastating injuries because of a driver´s irresponsibility, has resolved her claim for a passenger injury in a car accident after a hearing at the High Court.
Lydia Branley from Kinlough in Country Leitrim – a former air traffic controller – was left in a coma in September 2010 when the driver of a BMW Coupe in which she was a passenger lost control of the vehicle at 150km per hour and came off the N4 on the Ballinsodare slip road near Sligo.
The BMW collided with two roadside barriers, hit a pole and ended up on its roof in a stream by the side of the road. The driver of the BMW and another passenger were thrown from the car in the accident, but Lydia was knocked unconscious and had to be rescued from the wreckage by emergency services.
Lydia was rushed to Sligo General Hospital, from where she was transferred to Dublin´s Beaumont Hospital due to her serious condition. She remained in a coma for nine months and discovered when she awoke that she had lost the use of her limbs and was unable to speak.
The driver of the car – Martin Kearney from Balinoo in County Mayo – was also injured in the accident but was subsequently convicted in June 2012 of dangerous driving causing serious harm and sentenced to six years in prison. He was also banned from driving for twenty years.
Through her father, Lydia made a claim for a passenger injury in a car accident and a settlement of €10 million was negotiated. However, due to Lydia´s condition, the settlement had to first be approved by a judge before the claim could be concluded.
Therefore, at the High Court in Dublin, Ms Justice Mary Irvine heard the circumstances of the car crash, the details of Lydia´s injuries and an explanation of why Lydia will require full-time care for the rest of her life.
Judge Irvine commented that the settlement of compensation for a passenger injury in a car accident did not give back Lydia her life. “Nothing will”, the judge said, “but it will provide her with the best care and hopefully bring back a degree of normality.” Judge Irvine then approved the settlement and closed the hearing.
Posted: January 14th, 2014
The Road Safety Authority has warned of the risk of fatal and serious injuries due to not wearing a seatbelt in its provisional annual report.
The Road Safety Authority (RSA) has released provisional figures in relation to road accidents in Ireland in 2013, which show an increase in the number of fatal collision and fatal injuries for the first time since 2005.
According to reports made by An Garda Siochána, there were 181 fatal collisions (152 in 2012) resulting in 190 fatal injuries (162 in 2012) during the year ended 31st December 2013.
Drivers (95) and their passengers (32) accounted for two-thirds of the citizens killed on Irish roads in 2013, with the remainder made up by “vulnerable road users” – pedestrians (31), motorcyclists (27) and pedal cyclists (5).
The RSA identified that many fatal and serious injuries were due to not wearing a seatbelt; claiming that 38% of car user fatalities (in which An Garda Siochána could determine whether the victim(s) had been wearing a seatbelt) could have been avoided if the victim had been secured in the vehicle.
The report highlighted other factors which could have contributed to the increased number of fatal road accidents in 2013 – for example, more motorcyclists were on the roads during the warm summer, leading to a spike in motorcycle accidents.
However, the provisional figures also suggest that there was a decrease in casualties caused by speeding, and showed a decline in fatal accidents involving young drivers in the 21-25 years age group.
The conclusion of the report says that the RSA should allocate more resources to educate both drivers and passengers on the risk of serious injuries due to not wearing a seatbelt.
Posted: November 29th, 2013
The Injuries Board of Ireland has published a press release relating to motor liability claims in which awards of compensation for whiplash injuries are at the top of the list.
The figures released by the Injuries Board show that the Government body received 7,622 applications for the assessment of compensation when injuries had been sustained in a road traffic accident – approximately 75 percent of all the applications received by the Injuries Board in 2012.
The press release states that “the most prevalent injuries sustained in the vast majority of motor claims include soft tissue injuries (neck and back), and orthopaedic related injuries (fractures etc)” and comments that women make slightly more claims for whiplash injury compensation than their male counterparts.
There are several possible explanations for this:
- Women generally have weaker neck muscles than men and are more prone to injury when a rear-end accident occurs
- Women are more likely to be seated in the passenger seat when a rear-end accident occurs and not have the split second that a driver may have to brace prior to impact.
- Car seats are designed to accommodate men, who are generally heavier and taller than women, so that the impact of a rear-end accident frequently results in more severe neck and upper back injuries
The statistics also showed that the average value of awards for car accident injuries in 2012 was €20,631, and that Donegal (11) and Cork (10) were the counties in which the highest number of fatal accidents due to somebody else´s negligence occurred.
Commenting on the figures, Patricia Byron – CEO of the Injuries Board – said “Our award trends indicate that the winter months are the most dangerous on our roads and we are urging all road users to be extra vigilant at this time. We awarded over €157m in compensation for injuries sustained in road traffic accidents last year which reflects the significant human cost of these accidents not to mention the social impact.”
Posted: October 14th, 2013
The Civil Circuit Court in Dublin has approved the settlement of a teenagers injury compensation claim after a hearing into the events before and after her birth in 1999.
Aoife Sheehan (14) from Rathfarnham in Dublin was delivered prematurely at the Coombe Hospital on 15th April 1999 after her mother had gone into early onset labour at thirty-six weeks following a car crash.
Unable to breathe independently after being born, Aoife was transferred to the neo-natal intensive care unit of the Coombe Hospital, where her breathing had to be assisted by a ventilator and medication. Aoife was found to be suffering from respiratory distress syndrome and remained critically ill in intensive care for three weeks.
Through her mother – Martina Sheehan – Aoife made a teenagers injury compensation claim against the driver of the vehicle who had been in collision with her mother – Elaine O’Connor also from Rathfarnham – claiming that had it not been for the accident, Martina would not have gone into early onset labour, Aoife would not have been prematurely and not have suffered from respiratory distress syndrome after her birth.
Insurers for the defendant denied their client´s liability, stating that there was no medical evidence to support an alleged connection between the accident and Aoife´s premature birth, that babies born prematurely were more likely to suffer from respiratory distress and, as the accident happened while Aoife was still in her mother´s womb, she was ineligible to receive compensation anyway
Solicitors representing Aoife pursued her teenagers injury compensation claim and, and following a long period of negotiation, acquired a settlement that would see Aoife receive €15,000 compensation in general damages for the pain and suffering she was subject to after her birth with a further €2,800 allocated in special damages to account for the expenses her parents had incurred looking after her.
At the Circuit Civil Court, Judge Matthew Judge Deery approved the settlement of Aoife´s teenagers injury compensation claim; commenting that her solicitors had done a good job in securing a positive outcome, as it would have been difficult to establish Ms O´Connor´s liability had the case been heard in court.
Posted: September 24th, 2013
A woman who suffered serious neck injuries when rear-ended by a Texas Forest Service employee has won a two-year battle against her own insurance company to recover compensation for a whiplash injury.
In April 2011, Brenda Nolen (51) from Texoma in Young County, Texas, was returning from a shopping trip when her Dodge pick-up was rear-ended by a vehicle driven by a Texas Forest Service employee who had fallen asleep at the wheel. The impact of the crash forced Brenda´s pick-up into a petrol pump on a garage forecourt, which burst into flames when she ran into it.
Brenda managed to escape from her burning vehicle with help from passers-by, but she suffered a broken arm, multiple burns and a serious whiplash injury in the accident. Brenda had to undergo multiple operations to repair the injury to her neck and was unable to drive or work for almost two years.
She made a claim for compensation for her whiplash injury against the Forest Service driver´s employers – the State of Texas – to cover her medical costs and to pay for a replacement vehicle. However, the State of Texas rejected her claim for compensation – stating that employees of the State Forest Service were immune from liability for any injuries or accidents caused while on their way to an emergency according to the Homeland Security Act.
Brenda then approached State Farm – her own insurance company – who declined her claim for whiplash injury compensation using the same anti-terrorist legislation. This was despite Brenda obtaining a statement from the Texas Forest Service employee to confirm that he had fallen asleep at the wheel of his vehicle and was not en route to an emergency.
With help from a solicitor, Brenda pursued her entitlement to compensation for a whiplash injury and, after threatening court action, her insurance company agreed to an undisclosed settlement which enabled Brenda to get a new car and cover most – but not all – of her medical expenses.
Posted: September 3rd, 2013
New limits on whiplash injury settlements have been introduced in the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 which have not found favour with representatives of the insurance industry.
Changes in the law introducedby the Courts and Civil Law (Miscellaneous Provisions) Bill 2013 – previously referred to as the Courts Bill – will increase the upper limits on whiplash injury settlements that can be awarded/approved by the District Court from €6,384 to €15,000, and by the Circuit Court from €38,000 to €60,000.
When proposing the changes to the law earlier this year, Justice Minister Alan Shatter said that the new limits on whiplash injury settlements would result in a reduction in legal costs due to fewer personal injury compensation claims going to the High Court; however two representatives of the insurance industry have claimed that the new upper limits could add as much as 30% to car insurance premiums.
“Amounts Are Too High”
Commenting on the new limits on whiplash injury settlements, Ken Norgrove from Zurich Insurance said “There amounts are too high. The Personal Injuries Board was great for straightforward and uncontested injuries but people will now take their chances in the District Court”.
His sentiments were echoed by Ciaran Phelan – CEO of the Irish Brokers Association – who accused the Seanad of passing the legislation without consideration of the costs involved. “These changes will see thousands more cases reach the courts this year” he said, “which obviously will increase the legal costs for insurers [and] which will in turn be passed onto consumers”.
Both industry experts predicted that the new limits on whiplash compensation settlements will encourage plaintiffs to “have a go” at a better settlement by pursuing legal action, rather than settle their claims for whiplash injury compensation out of court.
Were Premiums to Rise Anyway?
The warning of higher motor insurance premiums came a day after it was revealed that insurance premiums were likely to rise in any event, because of underwriting losses made throughout the year by insurance companies who have been undercutting each other´s rates to attract business.
Whereas an underwriting loss is a common occurrence for car insurance companies, they normally make a profit on investments income from funds they have on deposit which covers the loss. However, in recent years the return on investment has fallen which has reduced the overall income of the insurance companies and could result in the increase in premiums suggested by Mr Norgrove and Mr Phelan – only not for the reasons they claim.
Posted: August 7th, 2013
A woman from New Orleans, who suffered a neck injury when an escalator she was riding on came to a sudden stop, has made claims for whiplash injuries she alleges she received in the accident.
Gwendolyn Leonard from Gretna in Louisiana made her claims for whiplash injuries after an accident on the escalator between floors of the Boomtown Casino in New Orleans. Gwendolyn alleges in her claims that, when the mechanism jerked to a stop on 30th June 2012, she suffered neck injuries similar to those that would be sustained in a rear-end collision.
She accused the casino of failing in its duty of care to properly maintain and operate the escalator, and is claiming an unspecified amount of compensation for whiplash injuries to account for the pain and suffering she experienced at the time of the accident, her subsequent medical expenses and loss of earnings.
Gwendolyn filed her action against the casino on May 22nd at the 24th Judicial District Court in New Orleans, but as yet the casino has not indicated whether it will accept liability for Gwendolyn´s injuries or contest her claim.
Posted: July 23rd, 2013
A report published in the British Medical Journal has identified that the misdiagnosis of injuries and illnesses is the most common cause of claims against GPs for compensation.
The report – “The Epidemiology of Malpractice Claims in Primary Care: A Systematic Review” was prepared by the Centre for Primary Care Research in Dublin on behalf of the Royal College of Surgeons Ireland (RCSI) and studied more than 7,000 claims against GP for compensation from Ireland and elsewhere around the world.
The report´s objective was to determine which areas of primary care in Ireland should receive special attention when it came to developing educational strategies and providing risk management mechanisms for front-line healthcare professionals including GPs and doctors working in hospital emergency departments.
The primary findings in the RCSI report were:-
- Claims against GPs for compensation were most often made for the misdiagnosis – or a delayed diagnosis – of cancer of heart attacks
- Medication errors – both prescription errors and administration errors – were also highlighted as common mistakes made in primary care
- The errors most frequently cited when children were the patients were the misdiagnosis of appendicitis and delayed diagnosis of meningitis
- Claims against GPs for compensation due to the avoidable deterioration of an existing condition appear to be on the increase year-on-year.
Dr Emma Wallace – the head researcher for the report – admitted that reviewing claims against GP for compensation was not the ideal substitute for accurately recording “adverse effects” in primary healthcare, but it had identified that more GPs and front-line health practitioners were practising more cautiously.
She said that, rather than attempt an accurate diagnosis themselves, more GPs were referring patients to consultants because of the fear of legal action if a mistake was made. This has the knock-on effect on placing more pressure on the Irish Health Service and potentially allowing an avoidable deterioration of an existing condition to go untreated.
It was also discovered that claims against GP for compensation often place front-line healthcare practitioners under greater levels of stress – reducing their ability to make an accurate diagnosis and placing patients at a higher risk of injury. Dr Wallace hopes that, with better educational strategies and risk management mechanisms, the report will help improve the standard of healthcare provided by front-line health practitioners and reduce the number of claims against GPs for compensation.
Posted: December 27th, 2012
A twelve-year-old girl from County Meath has been awarded €3.9 million in child passenger compensation after suffering spinal injuries which left her in a wheelchair for the rest of her life. Britney Arendse from Kells suffered her life-changing injuries after being involved in a crash in June 2009 with her mother Bridgette – who was driving – her mother’s friend, and her mother’s friend’s two daughters.
The car Britney was travelling in was hit by another vehicle travelling on the wrong side of the road. After the accident Britney and the four other passengers had to be cut from the vehicle by firemen and rushed to hospital. Britney had fallen into a coma by the time she arrived at the hospital. She spent three weeks in Temple Street Children’s Hospital in Dublin, before being moved to the National Rehabilitation Unit.
After hearing that her daughter would be confined to a wheelchair for the rest of her life, Bridgette sought legal advice and decided to pursue a claim for compensation against the negligent driver Sean McKenna, and the owner of the car, Patricia McKenna.
The McKennas accepted liability fort Britney’s injuries and agreed to pay a settlement amounting to €3.9m. As Britney was a minor at the time of her accident the award had to be approved by a judge and paid into court funds, where it will rest until Britney reaches eighteen years of age.
You can read more detailed information about here about passengers in car accidents.
Posted: November 22nd, 2012
A young girl from Tuam, Co Galway has been awarded €200,000 in car accident compensation for a child after she suffered severe spinal injuries and witnessed her sister and best friend die in a car crash caused by her mother, who had already been banned from driving.
Twelve-year-old Faith Varden-Carberry, whose injuries were so severe that she had to undergo emergency treatment at the scene before she could be rushed to Our Lady’s Children’s Hospital in Crumlin, Dublin, was driven into an embankment outside Edgeworthstown, Co Longford along with her sister Ava (6) and best friend Michela Logan by Mary Carberry (36).
Carberry, who had been disqualified from driving because of a previous accident, was found to have been over the legal alcohol limit at the time of the crash and was later arrested and sentenced to six years in prison.
Faith, who received compensation for physical and emotional trauma, now lives with her step-father and made a claim for car accident compensation for a child through her grandfather, Anthony Carberry. The claim was pursued against both Faith’s mother and father, Thomas Varden, who was the owner of the car in which Faith had been travelling.
The claim against Thomas was later dropped, and as Faith’s mother had been banned from driving and thus was uninsured, the claim was pursued against the Motor Insurers’ Bureau of Ireland (MIBI).
At the High Court, Mr Justice Peter Charleton said that the €200,000 settlement was being awarded to Faith for damages only. Justice Charelton also approved a request for the release of €2,000 for a computer to be used by Faith for her schoolwork.
Posted: November 12th, 2012
A woman from Berkshire, England has been awarded €9,000 in compensation at the High Court for neck injuries she sustained during a Go-Karting accident at Kylemore Indoor Karting racetrack in Dublin. Karen Wimpory (31) had been in Dublin on a hen’s party weekend at the time of the accident in March 2009.
Wimpory, who signed a disclaimer stating that the track owner could not be held liable for injury “in the absence of any negligence on the party of the company” and watched a training video prior to getting into her kart, was injured when a race marshal stepped out onto the track without warning, causing her to brake and the driver behind her to slam into the back of her kart.
After her accident Wimpory sought legal advice from a personal injury claims solicitor and pursued a claim for neck injury compensation against Grovepark Services Ltd, which trades as Kylemore Karting, claiming that the neck injuries she sustained were the brought about by the negligence of the company.
Justice Matthew Deery decided to approve Wimpory’s request for neck injury compensation after deciding that despite the fact that the plaintiff had watched a safety video, there were no instructions provided to her about what to do if the warning lights on the track were illuminated. Deery also heard how the karts did not have neck restrains or headrests fitted, and how novice racers should have been told to sit at full extension.
Two of Kylemore Karting’s management team, racetrack designer Stewart Cosgrave and race controller Denis Gaffney, said that although it was unlikely that a race marshal would walk onto the track while the karts were travelling at speeds in excess of twenty miles per hour, the marshal in question is not available to provide evidence as he has since died in a road traffic accident.
Posted: June 25th, 2012
An insurance company has been order to pay aggravated damages for a whiplash claim after it failed to pursue accusations of collusion against the defendant, James O’Sullivan of Clane, Co Kildare. Insurance company AXA had claimed that O’Sullivan had colluded with a defence witness to extract compensation from the company.
O’Sullivan’s taxi had been rear-ended by Gary Reilly, of Ballyfermot, Co Dublin, who later swore an affidavit concerning the accident. Reilly rear-ended O’Sullivan’s taxi in Eirhouse, Co Dublin on September 27, 2008.
Mr Justice Matthew Deery ordered AXA to pay €3,000 in aggravated damages for a whiplash claim to O’Sullivan after they failed to pursue the accusation, in addition to €7,750 for the whiplash injury.
Posted: May 11th, 2012
A Texan woman whose car was hit by lorry driver talking on a mobile phone has been awarded $24 million for neck, spine and back injuries she sustained in the collision. Thirty-seven-year-old Vanice Chatman-Wilson from Corpus Christi in Texas sustained the injuries when her car – a Ford Fusion – was hit by a Coca-Cola delivery lorry being driven by Araceli Vanessa Cabral who had been talking on her mobile phone and not fully concentrating on the road.
Chatman-Wilson managed to secure compensation after seeking legal advice from a personal injury claim solicitor and despite the fact that driving while talking on a mobile phone is not against the law in Texas. In court, Chatman-Wilson secured compensation after Coca-Cola defended itself by pointing out that it operates a hands-free policy for staff; Cabral said that she had never been made aware of the dangers of driving while talking on a mobile phone.
The jury at the Corpus Christi High Court awarded Chatman-Wilson the $24 million for her pain and suffering and punitive damages. She was left with permanent nerve damage despite undergoing a lumbar operation in February last year. Her solicitor said after the claim that the jury’s decision should serve as a warning to Coca-Cola that they need to better educate their drivers on the dangers of using a mobile phone while driving.
Posted: April 7th, 2012
A New York volunteer firefighter has been awarded an injury compensation settlement of $1.275 million for injuries he sustained in a collision on a road adjacent to the NYE Ford factory in Oneida, New York. Paul Tully’s vehicle was struck by a car being driven by Ford employee Keith Chase, leaving him with serious spine and head injuries.
The award was granted by a jury who deliberated on damages only, as liability had already been admitted. Chase had already admitted to not looking left down Genesse Street and that he had pulled away from the manufacturing plant without realising that Paul’s car was in front of him. Chase made the admission during an investigation into the accident.
The $1.275 million settlement was decided upon by the Oneida Supreme Court jury after the court heard how Paul had been unable to work since the accident, and that the cost of his treatment had placed a substantial financial burden on his family. Paul had rejected a $150,000 settlement offer prior to his claim being heard in court.
After deliberating, the jury decided to award Paul $650,000 for the pain and suffering he has experienced as a result of his injury, $200,000 for the pain and suffering he will experience in future, and an additional $400,000 to cover the medical treatment he has underwent and the help he will require in future.
Posted: February 25th, 2012
A man who suffered catastrophic brain injuries in a crash after being ejected from a car being driven by an uninsured driver has had his claim for compensation approved by a judge at the High Court. The claimant, who pursed his claim against the Motor Insurers’ Bureau of Ireland (MIBI) as no insurance policy was available to be claimed from, was 19 years old at the time of his accident in March 2008.
The man – who is a ward of court and cannot be named for legal reasons – now requires permanent nursing care and can only communicate through a ‘thumbs up or thumbs down’ system. As the victim wasn’t wearing his seatbelt at the time of the accident his award was reduced by 20 percent to €4.25 million to represent his own contribution to his injury.
Ms Justice Mary Irvine ordered an additional payment of €544,000 to the victim’s foster mother to cover expenses associated with his care. Justice Irvine said that the settlement was an excellent award, and that it will provide enough funding to cover the cost of the victim’s care for catastrophic brain injuries in a crash for the rest of his life.
Posted: January 12th, 2012
A man who suffered a broken neck and devastating spinal injuries when a trailer broke free from a truck and crushed his car from above has been awarded $1.4 million in road traffic accident compensation.
William Geary (60) sustained his injuries as he was waiting for a red light to change colour at an intersection. After the accident, which occurred when truck driver Phillip McCullough failed in a risky manoeuvre on a road above, was trapped for an hour and a half after the trailer landed on the roof of his car.
McCullough was later fined for making an improper turn and for careless driving. After an investigation it was found that the brake slack adjusters were not properly matched and that the brakes on the trailer had not been properly aligned.
Geary, from Medford, in Jackson County, Oregon, successfully negotiated a settlement for road traffic accident compensation which took into account his pain and suffering, loss of amenity and loss of income ($700,000), consideration for his future medical expenses ($400,000); and medical expenses he had incurred to date ($300,000).
Posted: September 15th, 2011
A woman from Oakland, California has agreed to accept a $10.5 million out-of-court settlement for a crushed hip and broken femur she sustained after being trapped under the chassis of a bus for 15 minutes. Abby Nichols (23) was trapped under a bus at a pedestrian crossing after crossing at a green light, and was left there in pain as the driver did not know how to operate the hydraulic lever used to move the chassis.
Nichols, who had just finished work at a San Francisco bagel shop when the accident occurred, still walks with the aid of a cane and has to undergo physical therapy.
After the bus company conducted an investigation into the accident it found the driver guilty of negligence. It failed to arrange a quick settlement for Nichols however, and it was only when she decided to pursue compensation for being trapped under the chassis of a bus did the bus company choose to engage in talks.
Posted: August 14th, 2011
A 53-year-old man has been awarded $950,000 in compensation for a severe whiplash injury he sustained while being rear-ended by a van belonging to the County of Los Angeles. Felipe Medina was awarded the settlement days before his claim was due to be heard before a judge at the Los Angeles Superior Court.
Medina sustained his severe whiplash injury after being rear-ended in his Saturn Vue by a van being driven by Los Angeles county employee Wille Duckworth westbound on the 105 freeway in Lynwood, California. Medina came to a stop due to a traffic jam in front of him.
Police investigating the incident later discovered that Duckworth had been travelling at excessive speed and had been unable to stop when he crashed his van into the back of Medina’s Saturn Vue.
Medina suffered extensive shoulder and neck injuries during the collision which it was feared may prevent him from continuing his job as a maintenance supervisor. He was forced to undergo several operations to relieve him of his pain, and had to wear a back brace and receive epidural injections and painkilling tablets for a time after the collision.
Felipe pursued his claim against the County of Los Angeles after seeking legal advice. In California employers can be held liable for the negligent acts of their workers.
Posted: July 17th, 2011
A golf club in Texas has been ordered to pay out almost $1 million in wrongful death compensation after it was found that Lance Shelter, a father of three and inventor of medical devices that benefited children, would still be alive if the club had adhered to its own policy of not over-serving patrons. Shelter was killed by a drunk driver who had been drunk 18 cans of beer at the club and been allowed to drive home.
Fort Worth District Court judge Dana Womack heard that the Southern Oaks Golf Club in Burleston, Texas, sold Mark Charles Pierce 12 cans of beer before his round of golf, and another six after, despite the fact that he showed clear signs of intoxication.
Pierce later drove home from the golf club and was found to have been responsible for the accident in which Shelter was killed.
Posted: May 22nd, 2011
Claims for whiplash injury compensation in the UK are the highest among all European countries, James Dalton, Assistant Director of Motor and Liability for the Association of British Insurers has claimed.
Dalton, who was speaking at the 2011 Whiplash Conference in Leeds, said that claims for whiplash account for two-thirds of all compensation claims pursued in the UK, and that insurance companies are paying out almost two billion pounds per year to claimants. Dalton called for the government to quickly implement their proposals for civil justice reform.
According to the Association of British Insurers 1,200 claims for whiplash are made in the UK every day – six times the amount of claims pursued for work related injuries. The sheer volume of whiplash complaints adds around £74 to each insurance policy in the UK, say the Association.
Dalton claims that civil justice reform measures proposed by the Government would mean a decrease in fraudulent claims for whiplash injury compensation; and that genuine claimants would receive fairer settlements and quicker access to rehabilitation.
Posted: April 2nd, 2011
A Cavan man who suffered severe brain injuries during a hit and run incident has been awarded €2 million in compensation after his brother successfully pursued a claim on his behalf. Oliver Gogarty pursued the claim on behalf of his brother Paul, formerly a factory worker, after his was knocked down by an unknown driver while walking home from a night out in Kingscourt.
As the vehicle involved in the accident was never identified the claim was brought against the Motor Insurers’ Bureau of Ireland (MIBI.
Since the accident Paul has required on-going care for post-traumatic epilepsy, and the nature of his injuries has also caused cognitive and behavioural problems.
On approving the €2 million settlement for hit and run incident compensation, which was proposed by the MIBI, Mr Justice Nicholas Kearns said that Paul will be made a ward of the court.
Posted: March 15th, 2011
A whiplash victim has been awarded €16,000 in compensation after claiming that his injuries adversely affected his weight loss programme and led to him developing sleep apnoea. Declan O’Hora of Blessington, County Wicklow claimed that his injuries left him unable to swim – an integral part of his weight loss programme.
O’Hora, who suffered head and neck injuries following a road traffic accident in 2008, suffered head and neck injuries after being involved in a collision with Brian Duggan of Knocklyon, County Dublin,
As liability had already been conceded, Mr Justice Matthew Deery only had to determine how much compensation was to be paid to O’Hora.
Posted: January 25th, 2011
Three young siblings have been awarded a combined €56,000 for their whiplash injury claim after the car in which they were travelling with their mother was rear-ended in January 2007. The children had suffered recurrent and protracted symptoms and have had to visit their GP and a specialist, Mr Justice Matthew Deery heard during the claim, which was brought by the children’s father Thomas Hopkins on their behalf.
Rachel Hopkins (9) and her brothers Daniel (10) and Thomas (7) from Broadford, Co Kildare were hurt when their mother’s car was rear-ended by Monica Carey from Lucan, Co Dublin. Daniel and Thomas received awards of €20,000 each as their injuries are thought to be more problematic than Rachael’s, who received €16,000.
The children’s awards will be paid into court funds where they will remain until the they reach eighteen years of age.
Posted: December 2nd, 2010
A 26-year-old man from Waterford has been awarded £3 million in car crash compensation by a court in Belfast after he sustained catastrophic injuries while asleep in the back of a friend’s car in Scotland. Owen Griffen pursued his claim against the driver of the car in which he was travelling after the head-on collision with a motorbike.
Griffen, who was asleep and seat-belted in the back of the car when the accident occurred, was left comatose and with brain injuries. He has been living with assistance from carers since February 2007.
Two others died in the accident.
Griffen’s claim was heard in a Belfast court as the driver against who he pursued compensation is from Omagh, County Tyrone.
Posted: October 15th, 2010
A woman from Belturbet, County Cavan has been awarded €5 million in compensation by the High Court after suffering injuries in a car crash which mean that she will require carer assistance for the rest of her life. Caroline Bogue suffered brain injuries when the uninsured car in which she was traveling hit a tree.
Because the car was uninsured, the claim was taken against the Motor Insurers’ Bureau of Ireland, as well as the car’s driver, Declan Bogue, and its owner Ciaran Bogue.
The settlement was arranged without liability being admitted. The defendants refused to admit liability, claiming that Caroline knew that the car was uninsured and that it was taken without the permission of the owner.
Posted: August 12th, 2010
Evidence submitted by Dublin Bus against a whiplash claimant from Finglas, Dublin has led a judge to conclude that it was “highly probable” that the claimant mislead the court when she pursued a claim for whiplash against the company.
Mr Justice John Quirke ruled against Mary Farrell who was caught on camera mowing her grass and emptying the grass box over a wall – actions which should have been impossible given the supposed nature of her condition.
Dublin Bus also submitted evidence that Farrell, who was attempting to claim €410,000 in damages from the company, had made a number of expensive purchases in the time after her accident including foreign holidays and expensive cars – activity Dublin Bus dubbed as inconsistent with the claim for loss of earnings and future loss of earnings being pursued by Farrell.
Farrell had been involved in an accident with a Dublin Bus owned vehicle at the junction of the North Circular Road and Dorset Street near Dublin City Centre on June 14, 2004.
Dublin Bus asked Justice Quirke to dismiss Farrell’s claim under the provision of the Civil Liability and Courts Act which allows for the dismissal of a compensation claim when a judge believes that misleading evidence has been presented by a claimant.
Posted: July 2nd, 2010
The family of a Filipino nurse who was killed in a road accident involving a bus have received a settlement of €575,000 in the High Court. Maria Verdida (52) was killed when she was knocked down by a Dublin Bus in October 2003. The claim for compensation for Maria’s wrongful death was pursued by her husband Resituto, who has since moved back to the Philippines.
Dublin Bus admitted liability for Maria’s death, despite the fact that the bus driver Frank Turner from Crumlin said that he was travelling at a safe speed. Turner said that he did not see Maria because of he was temporarily blinded by strong sunlight on his windscreen.
Turner apologised to Maria’s family and was given a €500 fine and a six-month suspended sentence.
There were no passengers on the bus at the time of the accident.
Posted: June 14th, 2010
The family of a 42-year-old mother of nine children who was killed in a collision with a drunk driver have been awarded €506,000 in road accident claims compensation by a judge at the High Court. The family of Bridget O’Reilly from Ballybeg, County Waterford, which includes a three-year-old child, pursued the claim against Frank Prendergast – the drunk driver – and the Motor Insurers’ Bureau of Ireland.
O’Reilly died in hospital a few weeks after the crash, which occurred in Powerstown, County Carlow in 2002. The claim was taken by her husband, Edward O’Reilly. O’Reilly’s sister, who has her own large family, has been helping Edward to take care of the children since he lost his wife.
The court heard how Prendergast was travelling at speed prior to the crash, and crossed into the lane on the other side of the road before colliding with her car.
Posted: May 22nd, 2010
Twelve Irish road traffic organisations have signed the European Road Safety Charter, which aims to reduce the number of road traffic accidents in Europe through improvements in vehicular safety and driver behaviour, and through added emphasis on road infrastructure safety. The charter was signed in Dublin on Wednesday.
It is estimated that the 1.3 million road accidents in the European Union in 2008 led to 1.6 million injuries and 39,000 road deaths, costing the Union around 2% of its annual Gross Domestic Product.
The twelve new Irish signatories are Cavan Area Rural Transport, Dun Laoighaire – Rathdown Couty Council, Community Transport Association of Ireland, ECO Unesco, Irish Medical Organisation, Headway Ireland, Irish Road Haulage Association, Shell, Metroplex Ireland, Vantastic, The Irish Insurance Federation and World Rally Team Ireland.
Posted: March 28th, 2010
Twenty-five-year-old Claire Noone has been awarded €4.35 million in car crash compensation by the High Court for injuries she sustained in a collision near Enfield, County Meath in November 2005. Noone suffered severe lower back injuries which mean that she can now only walk short distances without feeling pain. Her boyfriend, John Larkin died in the crash.
The accident occurred when the car in which Claire and her boyfriend were traveling was hit by another vehicle, which just prior to crashing into the couple’s vehicle.
As Noone was ejected from the car on impact questions were raised about whether or not she was wearing a seatbelt at the time, and therefore if contributory negligence would be a factor.
In court, Mr Justice John Quirke expressed his disappointment that car crash compensation claims in Ireland can only be paid in lump sums and not through instalments; he described the system as a “lottery situation”.
Posted: February 28th, 2010
A four-year-old boy has been awarded €2.9 million in car crash injury compensation after being rendered blind and suffering brain damage while traveling in a car driven by his mother, who was uninsured at the time. Ben McHale’s claim was taken on his behalf by his uncle William McHale, against the Motor Insurers’ Bureau of Ireland.
Ben, from Clonmel in Tipperary, had his settlement approved by Mr Justice John Quirke at the High Court.
Posted: November 23rd, 2009
Two Buffalo Department of Street Sanitation workers have been awarded $3.25m for injuries they sustained during a collision in which their rubbish lorry was impacted by a commercial vehicle which had broken a red light.
The workers, who were performing sanitation duties at the time of their accident, required extensive treatment following the crash: both required spinal fusion surgery to address injuries sustained for back, knee, neck and head injuries.
The award was made after an eighteen month Alternative Dispute Resolution (ADR) failed to produce an agreement and it became clear that the claim would go to court.