Month: October 2019

€108,000 Personal Accident Compensation in Relation to Psychiatric Nurse’s Injuries in Supermarket & Car Crash

Following suffering injuries in a car accident in 2015 and a slip in a supermarket accident just a couple of months later, a retired psychiatric nurse has been award more than €100,000 personal injury compensation.

Damages were assessed at €20,000 in respect of the road traffic incident and over €88,000 in respect of the fall by presiding Judge Ms Justice Miriam O’Regan. Mary Barry of Westcliffe, Ballincollig, Co Cork was awarded €108,000 at the High Court sitting in Cork earlier this week.

Ms Justice O’Regan assessed several aspects of the plaintiff’s claims and her lawyers, Seán Lynch and John O’Mahony, asked for an opportunity to clarify all issues with John Lucey, for the defence.

This award was comprised of €20,000 (plus costs) in respect of the traffic incident on November 25, 2015, at the Kilumney roundabout near Ballincollig and €88,000 (plus costs) for fall at Wilton Shopping Centre on March 2, 2016. The supermarket accident was though to have been caused by yoghurt/ice cream on the floor that had not been cleaned up.

There was no personal injury awards made in relation to plaintiff’s claim for post-traumatic stress arising from the car crash. This claim was made as, she alleged, she was not able to get out of her car for a period following the incident.

“Of total significance in my view is that she has indicated she could not get out of the car but evidence was given that she had gotten out of the car on two occasions prior to the arrival of gardaí. That was completely contrary to the evidence she has given,” commented Ms Justice O’Regan.

 

RTÉ Documentary Featured Creché Settled €30,000 Compensation Claim with Family of Young Boy

Yesterday, approval was given in the High Court for a €30,000 creche abuse compensation settlement for an eight-year-old boy who attended a creche featured in an RTE exposé on the treatment of pre-school children when he was just a young baby.

Lucas Doyle was only two years old when video of him allegedly being tied down in a chair for a period of two hours at the Giraffe creche, Belarmine, Stepaside, Co Dublin was aired publicly on the RTÉ programme ‘A Breach of Trust’.

The Belarmine Giraffe creche was one of three premises selected by the RTE PrimeTime Investigates exposé on the standard of care provided by pre school services within the State in 2013.

In the High Court the Judge Garret Simons was informed that, ten days prior to the RTE documentary being aired, the producer and cameraman of the documentary went to the boy’s home with footage of the incident. The young boy’s parents were shown the footage from the Belarmine creche which allegedly showed Lucas were tied into chairs and were also being shouted at.

Lucas attended the creche in Belarmine between August 2012 and May 2013, initially when he was 11-and-a-half months’ old until he was a around 1 year and eight months old. He (Lucas), via his mother Aisling Emmet, took the creche abuse compensation action against managing director Simon Dowling and Giraffe Childcare Unlimited Company in relation to the abuse he suffered.

It was claimed in the legal action that the footage showed that Lucas being tied in a chair for two hours on one day. Giraffe Childcare has advised Lucas’s parents that new safeguards had been implemented following the incident that was filmed. Despite this, his parents had sourced different childcare providers and Lucas was reported to have recovered well from any suffering he experienced.

Mr Justice Garrett Simons gave his approval for a child creche negligence compensation settlement of €30,000.