Month: June 2012

Man Awarded Scaffolding Fall Compensation

A man who fell three metres from a scaffolding tower while helping his brother make repairs to the roof of his house has been awarded 750,000 Euros in scaffolding fall compensation for fall from scaffolding after the settlement of his claim was approved in the High Court.

Patrick Rayner from Mitchelstown was helping to replace slates on his brother’s roof in Killmallock, County Limerick when the accident happened during heavy rain in December 2008. As he lent over the top of the scaffolding tower erected to allow access to the roof, Patrick fell three metres to the ground, sustaining a fractured skull injury.

At the High Court, Ms Justice Mary Irvine heard that due to his injuries Patrick has lost his hearing, has a deficit of his taste and smell senses and still suffers from frequent headaches. The judge was also told that through his wife, Julia, Patrick made a claim for scaffolding fall compensation; alleging that the scaffolding tower had not been secured to a permanent structure and that his brother had failed to make adequate provision for Patrick´s health and safety.

As liability for Patrick´s injuries was accepted, and a settlement of 750,000 Euros had been agreed, the case was before Ms Justice Mary Irvine for approval of damages only. After hearing the full details of how the accident occurred, Ms Justice Mary Irvine approved the settlement for scaffolding fall compensation, stating that this was a case of the deeds of a Good Samaritan concluding in tragedy.

Scooter Accident Court Compensation Award for Man

A motorcyclist, who sustained terrible physical and psychological injuries after being involved in a head-on crash with a van, has been awarded more than 2 million pounds in compensation for a scooter accident in London´s High Court.

Luke Brock (26) from Croydon, London, was riding his scooter along Norbury Avenue in Thornton Heath in January 2002, when a van travelling in the opposite direction did not notice  Luke make a right turn in front of him and collided head-on.

Luke, who was just 16 years of age at the time of the scooter incident, suffered a fractured right femur, fractures to both wrists, his right ankle and right elbow. His injuries forced him to give up a potential professional football career and his Business Studies Course at Coulsdon College.

London´s High Court was told that, due to the scooter accident, Luke developed severe post-traumatic stress disorder which deteriorated into major depression. Luke began living as a hermit even after his physical injuries were healed and is now dependent on his mother for 24 hour care.

The court also heard that liability for Luke´s injuries had been accepted and that the case was before them for assessment of final damages only. After some consideration, the judges awarded Luke a lump sum of 2.05 million pounds in compensation for scooter accident in London, with a further 50,000 pounds per annum for the rest of his life to enable his family to continue providing his care.

Argos Accident Compensation for Fall in Awarded in Court

A man, who slipped and fell on a discarded wet wipe in Argos, injuring his shoulder in the process, has been awarded 17,500 Euros Argos accident compensation for a fall at Dublin´s Circuit Civil Court.

Declan Conroy from Dublin had in the Ilac Centre branch of Argos in Henry Street in May 2008 when the accident happened. While in the queue for the counter to order his mother a lawnmower, he fell on a wet wipe which had fallen on the floor and fell – severely damaging his shoulder.

After receiving medical treatment, Declan made an Argos accident compensation claim for a fall in Argos against the store – alleging that their method of checking the floor for potential hazards was lacking and he had suffered an injury as a consequence.

Argos denied liability for Declan´s shoulder injury; contending that CCTV footage showed the presence of the wet wipe just six minutes before Declan´s accident and insisting that staff could not be required to constantly monitor the condition of the floor surface in such a historically low-risk store.

However, a forensic engineer – testifying on Declan´s behalf – outlined in court that, due to the extra footfall in the queuing area where Declan´s accident occurred, a higher level of attention should be applied. It was also revealed that five minutes before the wet wipe first appeared on camera, CCTV footage showed a woman pushing a baby buggy through the area.

Judge Jacqueline Linnane at the Circuit Civil Court decided that, on the balance of probabilities, it was the woman with the baby buggy who was at fault for discarding the wet wipe and, as more than ten minutes would have elapsed between the slipping hazard being present and Declan sustaining his injury, Argos was liable.  Declan was awarded 17,500 Euros Argos accident compensation plus costs.

Aggravated Damages in Whiplash Claim to be Paid by Insurers

Aggravated damages in a whiplash claim for compensation must be paid by an insurance company after failing to pursue allegations of collusion against the claimant.

Mr Justice Matthew Deery made the order against the AXA insurance company after it had accused the injured victim of a rear-end collision – James O’Sullivan, of Clane, County Kildare – of colluding with a defence witness in order to support his compensation claim for a whiplash injury.

The judge heard how the negligent driver in the case – Gary Reilly, of Ballyfermot, County Dublin – had sworn an affidavit in relation to the events of September 27, 2008, when Reilly´s taxi rear-ended O´Sullivan vehicle in Eirhouse in County Dublin.

However Mr Justice Matthew Deery said that the allegation had not been chased at the hearing and directed that AXA and Reilly pay aggravated damages of 3,000 Euros to O´Sullivan for the manner in which they had defended the whiplash injuries claim in addition to the award of 7,750 Euros for whiplash injury.