Month: January 2019

Settlement Agreed in Fall in Marks and Spencer Compensation Action

A supermarket accident compensation case has been settled in the High Court between Marks and Spencer (Ireland) and a women who alleges that she fractured her leg when a Marks and Spencer employee collided with her while coming off a step ladder.

Loretta McSherry (64) from Cremore,Templeogue, Dublin informed the High Court that she was shopping in the Marks and Spencer store at Dundrum Shopping Centre for some ready-made meals when the accident occurred. Ms McSherry said was moving through the bakery section the accident happened.

Mc McSherry stated: “I looked at some scones but thought they looked stale and decided not to buy. I gave the step ladder a wide berth, I was not aware of anybody on the ladder. I was struck in the shoulder as I walked past. It was like my Superman moment, I flew forward.”

Ms McSherry told the Judge that the pain she felt following the accident was the worst she had ever experienced and left her writhing on the ground. The medical professionals that  treated her said that she had fractured her thigh bone in a manner consistent with a high speed vehicle accident.

Ms McSherry, who works as an IT systems analyst, had submitted the personal injury compensation action against Marks and Spencer (Ireland) Ltd, with offices at Mary Street, Dublin in relation to the accident that occurred on January 4, 2014 at the Dundrum Shopping Centre outlet.

She claimed that Mark and Spencer employees had not made sure that the shopping aisle was safe for customers and that there was an alleged failure to guarantee her safety. She added that a Marks and Spencer employee was allegedly permitted to use a step ladder for restocking without any assistance in doing so. Finally, she said there was a failure to cordon off or stop customers from coming too close to the step ladder.

Marks and Spencer denied the claims and contended there was contributory negligence on Ms McSherry’s part for allegedly failing pay adequate attention to the area that she was shopping in.

 

Family of Murdered Garda Awarded €1.3m Personal Injury Compensation

The family of a Garda who was murdered while on duty has been awarded €1.3million personal injury compensation in a legal action taken against the State in relation to his death.

Garda Caroline Deloughrey, the widow of deceased Garda Adrian Donohoe who was shot dead five years ago while on armed escort duty, took the legal action against the Minister for Public Expenditure and Reform. Ms Deloughrey has retired on health grounds from the force since the death of her husband.

Mr Justice Michael Twomey, who presides over Garda Compensation matters in the High Court, was asked to give his approval to the negotiated settlement due to involvement in the legal actions of Garda Donohoe’s son and daughter who are now aged 11 and 12.

Ms Deloughrey, a native of Co Clare, told the Court that she met her husband when the were training at the Garda Training Collegein Co Tipperary. Both of them had been working within the Garda National Immigration Bureau based in Dundalk Garda Station. Her husband had been on armed escort duty with a colleague at Lordship Credit Union, Bellurgan, Co Louth, on January 25, 2013 when he was fatally shot.

Ms Deloughrey and her children were legally represented by former Attorney General Eoghan Fitzsimons SC and Barrister Eamonn M J Coffey, who appeared with the family solicitors James McGuill and Company.

Judge Twomey was informed that a settlement of  €970,000 had been agreed by the legal representatives of Garda Donohoe’s surviving family members for Ms Deloughrey with the remainder of the award being split almost equally between her two children, but slightly in favour of the younger child.

The Judge was told that the Minister had agreed that the formula of division of the overall personal injury compensation award was acceptable to the State. The children’s shares of the award are to be lodged in court funds until they are 18 years old and Ms Deloughrey will receive her €970,000 compensation award as soon as possible.