Month: August 2016

Judge Awards Bicycle Courier Injury Compensation at High Court Hearing

A judge at the High Court has awarded bicycle courier injury compensation after dismissing claims that the plaintiff had contributed to causing the accident.

In March 2015, Rotimi Omotayo was cycling along Custom House Quay in Dublin when he was knocked from his bike by a taxi driven by Kenneth Griffin that had pulled out from a line of queuing traffic without indicating.

Fortunately, Rotimi did not suffer any serious injuries, but when he applied to the Injuries Board for bicycle courier injury compensation, consent for the Injuries Board to conduct the assessment was denied due to alleged contributory negligence.

Rotimi was issued with an authorisation to pursue his claim for bicycle courier injury compensation in court. Because of the potential value of the claim, the case was assigned to the High Court, where it was heard recently by Mr Justice Bernard Barton.

At the hearing, Judge Barton heard witnesses from both parties testify how the accident had occurred – the important issue being whether Rotimi had been in breach of Regulation 26 of the Road Traffic (Traffic and Parking) Regulations 1997 by cycling in the hatched area.

After hearing that Rotimi had been cycling between carriageways as he was about to turn right to deliver a package on the river side of the Quay, the judge ruled that he had every entitlement to cycle in the outside lane before turning right.

Judge Barton dismissed the claim of contributory negligence and assigned full liability to the taxi driver – saying that Rotimi had the right of way and was sufficiently close to Kenneth Griffin to give the taxi driver a duty of care. Consequently the taxi driver had to accept full liability for the accident.

In relation to the settlement of bicycle courier injury compensation, Judge Barton applied the principals of Tort law to award Rotimi €30,000 bicycle courier injury compensation saying that the Book of Quantum was “hopelessly out of date and of little assistance”.

With regard to Rotimi´s claim for special damages, the judge commented there was insufficient evidence to support Rotimi´s alleged loss of earnings, but he allowed Rotimi´s “properly vouched and agreed” special damages – including his legal costs.

Offer of Compensation for a Scar from a Creche Accident Approved

An offer of €45,000 compensation for a scar from a creche accident has been approved by the Circuit Civil Court in favour of a twelve-year-old boy.

Calum Lawless from Dunshaughlin in County Meath was just three years old when, in July 2007, he tripped over an uneven floor surface at the Happy Days Creche in Clonee, Dublin, and fell – hitting his face on the floor and sustaining a cut close to his right eye.

Calum was taken to the VH1 Swiftcare Clinic at Dublin City University, where a three-centimetre laceration was cleaned and closed with steri-strips. Calum´s right eye remained closed for a week after his accident and he had significant bruising for almost a month.

Now twelve years of age, Calum has a permanent visible scar by his right eye that – due to its location – cannot be concealed with plastic surgery.

As the two-year Statute of Limitations for personal injury claims does not apply to children, Calum´s mother – Lorraine Lawless – claimed compensation for a scar from a creche accident on her son´s behalf against the owner of the creche – Hansfield Company Ltd, of Castleknock, Dublin.

In her legal action, Lorraine alleged that Hansfield Company Ltd had been negligent for failing to provide a safe environment and was thereby liable for Calum´s accident and injury. The owners of the Happy Days Creche admitted liability and made an offer of €45,000 compensation for a scar from a creche accident.

As the claim for compensation for a scar from a creche accident had been made on behalf of a children, the offer had to be approved by a judge to ensure it was in Calum´s best interest. Consequently the circumstances of Calum´s accident and injury were related to Judge James O´Donohoe at the Circuit Civil Court.

Judge O´Donohoe approved the settlement after inspecting the scar and ensuring that the family agreed to the settlement. The settlement of compensation for a scar from a creche accident will now be paid into court funds until Calum becomes a legal adult at age eighteen.