Month: May 2014

Judge Approves Settlement of Compensation for an Accident in Tesco

A Circuit Court judge has approved a €18,000 settlement of compensation for an accident in Tesco which left a nine-year-old schoolgirl with a permanent scar.

Angela Prendergast from Kilcoole in County Wicklow was just six years of age when – in September 2010 – she was shopping with her mother at the local Tesco Express Supermarket. As mother and daughter were browsing the frozen food section in the supermarket, Angela fell due to a slippery floor surface and banged her head against a freezer cabinet.

First Aid was administered at the supermarket by a Tesco employee before Angela´s mother – Ann Prendergast – took Angela to the local hospital. Angela´s cut was cleaned and stitched with glue at the hospital, but Angela still has a two centimetre scar on the right side of her forehead to remind her of the accident in Tesco.

After reporting the accident to the supermarket and seeking legal advice, Ann Prendergast made a claim for compensation for an accident in Tesco on her daughter´s behalf. Tesco Ireland Ltd admitted their liability for Angela´s injury and a settlement of €18,000 was agreed between the two parties.

As the claim for an accident in Tesco had been made on behalf of a minor, the settlement of compensation had to be approved by a court before Angela´s case could be closed. Consequently, at the Circuit Civil Court in Dublin Mr Justice Matthew Deery was told the circumstances of Angela´s accident in Tesco.

After hearing how Angela had slipped and banged her head as she fell, and after seeing the scar on Angela´s forehead, Judge Deery approved the settlement of compensation for an accident in Tesco and ordered that the funds be paid into court until Angela reaches the age of maturity.

Settlement of Compensation for Catastrophic Injuries Approved at Court Hearing

A settlement of compensation for catastrophic injuries in favour of a teenager who was hit by a bus has been approved after a hearing at the High Court.

Carlos Tesch (18) was walking with friends along Herbert Road in Bray, County Wicklow, on 4th February 2009, when he ran across the street in order to avoid a group of local youths who had previously verbally threatened the young Spaniard – who was twelve years of age at the time – and his friends.

As he ran across the street, Carlos was hit by a bus coming from behind him, and he sustained serious head injuries – including a fracture to the base of his skull – which has left Carlos unable to speak or walk more than a few paces unaided, and reliant on the permanent care of his parents – Hans and Mar Tesch.

Through his father, Carlos claimed compensation for the catastrophic injuries he sustained in the bus accident against Dublin bus – the operators of the bus that hit him. Dublin Bus denied their liability for Carlos´ injuries, stating that the driver could not have foreseen the teenager running out into the street.

However, a High Court ruling last year found Dublin Bus 70% responsible; for although the bus had been travelling at 40Km/h in a 50 Km/h zone, the driver had been distracted by chatting to a passenger shortly before the accident occurred.

The High Court´s decision was appealed to the Supreme Court, but the Supreme Court upheld the original verdict and the case was returned to the High Court for the assessment of damages.

At the High Court, Ms Justice Mary Irvine heard the circumstances of Carlos´ accident and that a €9 million settlement of compensation for his catastrophic injuries had been agreed.

The judge was also told that Hans Tesch now cared for his son full-time – after having given up his managerial job – and had twice taken him to China for stem cell treatment.

Carlos currently attends the Spanish Institute during school hours and – approving the settlement of compensation for catastrophic injuries – Ms Justice Mary Irvine said she was fully aware of what parents had to give up for their children in cases of catastrophic injuries.

Man Receives Brain Injury Compensation after Fall from Roof

The High Court has approved a settlement of brain injury compensation after a fall from the roof of a house left a fifty-year-old man with permanent brain damage.

Paul O´Brien was working on the roof of a house in Bray on 18th July 2012 – his first paid employment since he lost his construction job in 2008 – when he went to descend from the roof as it started raining.

Paul attempted to exit the roof from a ladder which had been propped up against the side of the building; but, as he stepped onto it, the ladder slipped on the wooden decking it had been placed on, and Paul fell to the ground.

As a result of his accident, Paul suffered a significant head trauma and now has limited short-term memory. Through his wife – Sandra O´Brien of Glenealy in County Wicklow – Paul made a claim for brain injury compensation after a fall from a roof against his employer – Sean Lyons of Clondalkin, Dublin.

Paul claimed in his action that Lyons had failed to provide a safe environment in which to work and had been negligent by failing to provide suitable scaffolding or fall protection to enable him to work safely.

It was also claimed that the ladder provided was unfit for the purpose of descending from the roof safely, that it had not been fastened to the building, and that the combination of an unsuitable, unfastened ladder and the wet wooden decking on which it had been placed resulted in a dangerous hazard.

An out-of-court settlement of brain injury compensation after a fall from a roof was negotiated by Sandra and Paul´s legal representatives; but, because of the nature of Paul´s injury, it had to be first approved by a judge.

Consequently, the details of the accident were related to Ms Justice Mary Irvine at the High Court, who also heard that Sandra had taken a two-year sabbatical from her job to care for her husband.

The judge was told that the €1.5 million settlement of brain injury compensation after a fall from the roof of roofer´s fall from height injury compensation had been agreed out-of-court and that the family were willing to accept it.

Judge Irvine approved Paul´s settlement – commenting that had the case gone to court, Paul´s contributory negligence may have been a factor in the amount of the settlement. The judge then closed the hearing, saying that she sympathised with the O’Brien family.