Month: November 2016

Judge Awards Compensation for an Employee Head Injury in Dunnes Stores

A woman has been awarded €15,000 compensation for an employee head injury in Dunnes Stores after the judge commented she was not that badly hurt.

The woman – now a former employee – was asked to go into the stockroom of the Dunnes Store in Tallaght Dublin in March 2012 and told to bring a trolley loaded with bread back into the store. As she starting pushing the two-metre high trolley out of the stockroom, the top tray fell from the trolley and hit the woman on her head.

After being administered first aid by a colleague, the woman attended the emergency department at Tallaght Hospital. No serious injury was detected but, as a precaution, she was admitted overnight for observation. The woman claims that she still suffers headaches and neck pain as a result of her “significant injury”.

When the woman claimed compensation for an employee head injury in Dunnes Stores, the company admitted liability for her injury, but contested how much compensation she was claiming. Unable to reach a negotiated settlement, a hearing of the Circuit Civil Court was scheduled for the assessment of damages only.

The scheduled hearing took place last week, when Judge Terence O´Sullivan was told that the former employee now has a job as a hairdresser. The circumstances of the accident were related to the judge, and counsel representing Dunnes Stores argued that the former employee´s neck pain was attributable to her hairdressing job and not the 2012 accident.

Judge O´Sullivan noted the woman had not attended her doctor for three years or made any effort to seek physiotherapy, commenting it was the opinion of the court that she was not that badly hurt. If, the judge said, she had indeed suffered a “significant injury”, she had not done that good a job of looking after herself.

The judge awarded the woman €15,000 compensation for an employee head injury in Dunnes Stores and gave Dunnes Stores leave to consider appealing the award provided they pay their former employee €10,000 of the award immediately.

Claim for an Injury in a Train Station Accident Resolved at Court

A claim for an injury in a train station accident has been resolved at a hearing of the Circuit Civil Court in which the passenger was found 50% at fault.

The claim for an injury in a train station accident was made following the events of 2nd August 2012, when the plaintiff – a fisherman from Dun Laoghaire in County Dublin – mistakenly alighted from an Irish Rail commuter train at Tara Street instead of his intended destination of Connolly Street.

On realising his mistake, the plaintiff tried to re-board the train, but slipped and fell through the gap between the platform and the train. Although he was able to extricate himself and continue his journey, an x-ray taken the following day revealed that he had fractured his right shoulder in three places.

The plaintiff applied to the Injuries Board for an assessment of his claim for an injury in a train station accident, but Irish Rail denied its consent for the assessment to be done. The Injuries Board subsequently issued the plaintiff with an authorisation to pursue his claim through court action.

The claim for an injury in a train station accident was heard by Mr Justice Raymond Groarke at the Circuit Civil Court last week. At the hearing, Judge Groarke was told that, despite there being “probably more cameras at Tara Street Station than there are at Pinewood Studios,” the accident had not been captured by CCTV.

The judge heard that Irish Rail was contesting the claim for an injury in a train station accident because they felt the plaintiff was the architect of his misfortune by failing to look where he was going, although this argument was countered by the plaintiff´s counsel, who contested that Irish Rail had an obligation to provide safe transit and that obligation had not been met.

After hearing there had been eleven previous incidents of passengers falling between a platform and a train in the past five years, Judge Groarke commented that Irish Rail had an “absolute requirement” to warn passengers to mind the gap. The judge found in the plaintiff´s favour – although attributing him 50% contributory negligence – and awarded him €25,000 compensation in settlement of his claim for an injury in a train station accident.