Month: May 2016

Woman Awarded Compensation for Injuries in Fatal Road Traffic Accident

A former world-class sailor, whose career was ended in a car crash, has been awarded £464,655 compensation for injuries in a fatal road traffic accident.

Rosie Sands from Exmouth in Devon was a Gold Standard sailor and honours degree student when, in July 2012, she was visiting friends in Northern Ireland. Rosie (29) and the friends she was staying with had just collected another friend – Michelle Hulford (21) – when the car the party was travelling in was involved in a head-on collision with a jeep on the A57 just outside the town of Doagh in County Antrim.

Tragically Michelle was fatally injured in the accident. Rosie, the driver of the car and her two other friends were taken to hospital with multiple injuries. Rosie received treatment for injuries to her abdomen, back, and shoulder; but, after she had returned to Exmouth, Rosie continued to experience flashbacks and nightmares. She was later diagnosed with Post Traumatic Stress Disorder.

Rosie claimed compensation for injuries in a fatal road traffic accident against the driver of the jeep – Stephen Hamilton – after seeking legal advice. Hamilton admitted that the accident had been caused by his negligence, but the two parties could not agree on a settlement of compensation. Consequently the claim was heard by the High Court in Belfast for the assessment of damages only.

At the hearing, Mr Justice Adrian Colton was told Rosie´s injuries had prevented her from sailing competitively and completing her honours degree in religion and education at Bath Spa University. The judge also heard Rosie´s life had changed “irrevocably” due to her injuries and that her plans to join the RAF or Navy after completing her degree had to be abandoned due to her injuries.

After commenting that the evidence Rosie had given in support of her claim had been “honest, understated, stoical and admirable”, Judge Colton awarded her £464,655 compensation for injuries in a fatal road traffic accident to account for her pain and suffering, the cost of medical treatment and Rosie´s loss of income.

Settlement of Hotel Pool Injury Claim Approved in Court

A judge at the Circuit Civil Court has approved the settlement of a hotel pool injury claim made on behalf of a six-year-old schoolgirl by her father.

Emma Olteanu was just four years old when her father, Marius, took her swimming at the Clarion Hotel in Clondalkin in October 2014. Emma had been given special swimming socks to prevent her from slipping, but despite this precaution, Emma tripped on the worn edge of a pool mat and fell – hitting her chin against the side of the pool and sustaining a deep cut.

Emma´s father took her to the Emergency Department at the Adelaide and Meath Hospital in Tallaght, where the cut on Emma´s chin was cleaned and stitched. Due to the depth of the cut, Emma has a two-centimetre scar on her chin which – her parents from Lucan in County Dublin claim – she is very conscious of.

On his daughter´s behalf, Marius made a hotel pool injury claim against Kingsoak Taverns Ltd. trading as Clarion Hotels. In his legal action, Marius claimed that the hotel was negligent by equipping the pool with a worn pool mat. The hotel admitted liability and a €21,000 settlement of the hotel pool injury claim was negotiated.

As the hotel pool injury claim had been made on behalf of a minor, the settlement had to be officially approved to ensure it was in Emma´s best interests. Consequently, the facts of the case were presented to Mr Justice Raymond Groarke at the Circuit Civil Court, who was also told about the consequences of Emma´s accident and her permanent scar.

The judge approved the settlement of the hotel pool injury claim and ordered that it was to be paid into court funds. The settlement will be placed into an interest-bearing account until Emma reaches the age of eighteen unless an application is made to the court by her parents to release funds for Emma´s education or for medical reasons.