Category: Street Accident Compensation Ireland

You may be entitled to claim for street accident compensation in Ireland if you have suffered an injury in a slip, trip or fall in the street for which you were not entirely to blame. Claiming compensation for a street accident in Ireland is often complicated by the need to establish the negligent party. Whereas many people would assume that the local council are liable for paying street accident compensation in Ireland, the fault which caused your injury could be the responsibility of a utility company, shop keeper, shopping centre or even a private individual. Therefore, for assistance with your street accident compensation claim, you are invited to call our freephone Solicitors Advisory Panel and speak directly with a solicitor experienced in claims for street accident compensation in Ireland.

Personal Injury Compensation Award of €30,000 Awarded to Daughter of Man who Died after being Expelled from Pub

€30,000 personal injury compensation High Court settlement has been awarded to the daughter of a man sadly passed away following a heart attack. Prior to suffering from the heart attack he had been thrown out of a late night bar.

The man in question, 39-year-old Paraic O’Donnell with an address at St Finian’s Close, Achill Sound, Achill, Co Mayo, had an underlying health problem before the episode. He had the heart attack as he was being brought to a Garda Station following being expelled from from Cox’s Latebar in Castlebar, Co Mayo, on June 6, 2012 for alleged threatening behaviour.

The man’s daughter, 12-year-old Edel O’Donnell took the legal action through her mother Claire Scahill, against the licensee of Cox’s, two security staff who threw him out ejected him, the Garda Commissioner and the Ministers for Justice and Finance.

Legal counsel for Edel, Conall MacCarthy BL, said it was a very sad and tragic case in which Mr O’Donnell was a patron of the bar and suffered from a chronic underlying condition when he was ejected from the premises and later had a heart attack which he died from.

During the case it was alleged that when he arrived at Castlebar Garda Station, Mr O’Donnell was not responsive. He was then rushed to hospital for treatment but sadly before this could happen he had died.

The licensee argued that reasonable force was used to eject him after Mr O’Donnell had engaged in violent and threatening behaviour towards the security staff.  The State parties denied the claims and said he caused and/or contributed to the matters which gave rise to his death.

The case against Cox’s and the security men was dismissed and the settlement offered was against the gardai and the ministers. Regarding liability legal advice provided was there may possibly be difficulties in proving liability as the licensee was acting within the law when Mr O’Donnell was ejected from the pub. The same issues were also in existence regarding liability against the State parties.

Mr Justice Simons said it was obvious from the case the public house discharged its duty of care and it was unclear what case would have been made against the State parties. He went on to say that he has no hesitation in approving the settlement sum of €30,000 negotiated.


Street Assault Compensation Award of €710k for Attacked Barman

The Criminal Injuries Compensation Tribunal has awarded a Dublin barman €710,000 for traumatic brain injuries sustained in a street assault.

The injuries were suffered by Stephen Plunkett, now aged 32, from Blackrock, Dublin around 12 years when he was involved in what was termed ‘horseplay’ with a group of people. In the action that followed Mr Plunkett was chased and suffered blows to his head due to a fall and subsequent kicks to the head.

Mr Justice Kevin Cross Court approved the tribunal award to Mr Plunkett in relation to the suffering he sustained in the street attack which occurred at Torquay Road, Foxrock, Dublin on August 21, 2006.

The Court was advised that, as a sole member of the tribunal had determined that Mr Plunkett was 50% to blame and a street assault compensation award of €634,000 was re-evaluated as to the figure €317,000.

An appeal was brought to the High Court on behalf of Mr Plunkett. At this time all the details of the case were considered at a full oral hearing in front of a three-member tribunal.

The three-member tribunal remarked that, after examining the Garda report of the case the details indicated that Mr Plunkett verbally attacked a separate group of people earlier on in the night this seemed to have been settled by the shaking of hands between the groups.

It was claimed that Mr Plunkett, in appeared to strike a member of the other group on the back of the head with a light bamboo type stick, prompting them to chase him.

During the chase Stephen fell and hit his head. Member of the group are believed to have kicked him while he was on the ground.

It was determined, by the tribunal that Mr Plunkett should be admitted to the compensation scheme. As he was the victim of an assault and that he suffered his injuries following a criminal act.

It was also ruled that Mr Plunkett was, at least partially to blame for the incident and a deduction of 40pc was applied to the final award.

Mr Justice Kevin Cross approved the €710,000 street accident compensation award.

Jogger Awarded Compensation for a Trip and Fall Injury on Council Land

A jogger has been awarded €60,000 compensation for a trip and fall injury on council land after the council attempted to argue that the claim was fraudulent.

On September 18th, 2011, the male jogger tripped on a hole in the surface of a footpath in the Clondalkin caravan site in Dublin. When he fell, he fractured a knuckle on his right hand which he subsequently had to undergo surgery for and has since been left with a scar.

As the caravan site is owned and managed by South Dublin County Council, the jogger claimed compensation for a trip and fall injury on council land. The council disputed liability and argued the man – who was a keen boxer – had injured his knuckle in a fight.

Due to the dispute over liability, the case went to the High Court where it was heard by Mr Justice Anthony Barr. During the hearing, it was disclosed that the man had been involved in a car accident the previous day in which he had suffered soft tissue injuries to his neck and back.

The council used this information to express doubts that the man would have gone jogging the day after an accident, and repeated its argument that the injury had been sustained in a boxing match. However, judge Barr accepted the evidence of a medical witness, who testified that the man was just trying to run off his soft tissue injury.

The judge concluded this was a “credible explanation” for why the man had been jogging on the morning after a car accident, and awarded him €55,000 compensation for a trip and fall injury on council land – increasing the award by €5,000 to account for the aggressive manner in which the council had pursued their argument the claim was fraudulent.

Judge Barr said in his closing remarks that the evidence suggested the plaintiff was injured in the manner in which he had claimed. He added there was no evidence to suggest the jogger was making a fraudulent claim, and he was entitled to the additional compensation for the upset caused to him by the nature of the unsuccessful defence put forward by South Dublin County Council.

Settlement of Claim for an Injury due to Being Hit by a Car Wing Mirror

The €5 million settlement of a claim for an injury due to being hit by a car wing mirror has been approved in the High Court in favour of a teenage boy.

Ryan Bastin ordinarily lives with his family in Brussels; but, in August 2008, he was enjoying a family holiday at his grandparent´s home in Mitchelstown, County Cork. On 13th August, Ryan´s father, brother and sister left the house to walk down to a neighbouring field in order to watch cows grazing. Ryan initially decided he did not want to go, but then changed his mind.

As Ryan ran out into the road to catch up with his family, he was hit on the head by the wing mirror of a passing car. Ryan was knocked to the road surface and, although able to stand up straightaway, he started vomiting. An ambulance was called and Ryan was taken to Cork University Hospital. However, during the journey to the hospital, he lost consciousness.

When Ryan arrived at the hospital he was resuscitated and diagnosed with a fractured skull. He underwent a series of operations and remained in intensive care for several months before being allowed to fly home with his family to Brussels, where he underwent rehabilitation treatment. Despite receiving comprehensive medical attention, Ryan has been left with intellectual disabilities.

Or her son´s behalf, Ryan´s mother – Sinead – made a claim for an injury due to being hit by a car wing mirror against the driver of the vehicle – Hannah Murray from Ballyporeen in County Tipperary. Murray contested the claim on the grounds that she had been driving with due care and attention and could not have avoided hitting Ryan as he ran into the road.

The case went to the High Court, where Mr Justice Kevin Cross was told that Murray only had 1.75 seconds to react from the time that Ryan had run into the road. Ryan´s barrister argued that, even with just 1.75 seconds to act, Murray had enough time to take evasive action and swerve to avoid hitting the child.

Judge Cross found in Ryan´s favour after attributing him 40% contributory negligence. As a settlement of the claim for an injury due to being hit by a car wing mirror had already been agreed in principle, the judge approved the proportional settlement of €5 million and closed the hearing – wishing Ryan and his family all the best for the future.

Settlement of Claim for Cycling Pothole Injuries Approved

The Injuries Board-assessed settlement of a claim for a cycling pothole injuries has been approved in the High Court in favour of a sixteen-year-old boy.

In July 2013, Dillon O´Reilly was giving his cousin a “backer” while cycling along the road between Killard and Blarney in County Cork, when the front wheel of his bicycle hit a pothole. Dillon – who had been riding on the pedals of his bicycle – was thrown onto the road surface and suffered a fractured wrist and injuries to his knee and shoulder.

Through his father, Dillon made a claim for cycling pothole injuries against Cork County Council. The Council consented to the Injuries Board request to assess Dillon´s injuries, before agreeing to the proposed settlement figure of €61,500. As the claim for cycling pothole injuries had been made on behalf of a child, the proposed settlement had to be approved by a judge to ensure it was in Dillon´s best interests.

Consequently an approval hearing took place before Mr Justice Kevin Cross at the High Court, who heard that – in addition to his fractured wrist, knee and shoulder injuries – Dillon also suffered several lacerations that have now left permanent scars. The judge was also told that Dillon recognises that giving his cousin a ride on the back of his bike was a dangerous thing to do.

Judge Cross commented that Dylan had not done anything that any other child of his age would have done, but said it was inevitable that – if the case had been resolved in a full hearing – the settlement of the claim for cycling pothole injuries would have been reduced by 30 to 50 percent to account for his contributory negligence.

Mr Justice Kevin Cross said that in the circumstances it was prudent to accept the Injuries Board´s assessment and the judge approved the €61,500 settlement of the claim for cycling pothole injuries -advising Dillon that his scars would likely be susceptible to sunlight and he should keep out of the sun to prevent them deteriorating.

Hit and Run Claim against MIBI Resolved during Lunch Break

A hit and run claim against MIBI has been resolved during the first day of a hearing after a division of liability was agreed during the lunch break.

Twenty-five year old Anthony Driver was on his way to meet a friend for a lift to his home in Enniskerry, County Wicklow, when – on 2nd November 2012 – he was hit by a car that temporarily stopped, but then drove off again.

Anthony was found by a Garda lying in the road at the junction of Sidmonton Avenue and Meath Road in Bray. An ambulance was summoned, and Anthony was taken to hospital suffering from a fractured spine, a lacerated liver, fractured ribs, and various internal injuries.

Anthony spent four days in intensive care and a further five days recovering from his injuries on a general ward. Two and a half years after his discharge he experiences difficulty eating and he still suffers with pains in his back.

As the driver of the car that hit Anthony could not be identified, Anthony made a hit and run claim against MIBI – the Motor Insurers´ Bureau of Ireland that is responsible for paying injury compensation when the driver of a vehicle cannot be traced or is found to be uninsured.

MIBI contested liability for Anthony´s claim – arguing that the Garda who found him had described his condition as “grossly intoxicated”. MIBI said that on the balance of probabilities Anthony was likely partially responsible for his injuries due to his own lack of care.

As liability for Anthony´s hit and run claim against MIBI was contested, the Injuries Board issued an authorisation for Anthony to take his claim to court. The case was heard last week before Mr Justice Nicholas Kearns.

When the hearing started, MIBI repeated its claim that, because of his condition, Anthony should accept some level of responsibility for his injuries. Under cross-examination, Anthony admitted to Judge Kearns that he was intoxicated at the time of the accident.

Talk of a negotiated settlement of Anthony´s hit and run claim against MIBI started as the court was adjourned for the lunch break. On his return, Judge Kearns was informed that Anthony had agreed to an undisclosed settlement of his claim after accepting 75% contributory negligence and that the case could be struck.

Settlement of Compensation for Dog Bite Injury Approved in Court

A young girl, who was attacked by a Rottweiler that had been allowed to escape from its home, has had a settlement of compensation for a dog bite injury approved at the High Court.

On December 26th 2011, Lauren Kelly from Abbeylara in County Longford was playing “hunting the wren” with family and friends when she came across a Rottweiler that had been allowed to escape from its home and wander the streets.

The Rottweiler attacked Lauren – who was just nine years old at the time – and, despite Lauren´s mother and friends trying to pull the dog away, Lauren suffered multiple bite injuries to her upper right arm. Lauren was treated at hospital for her dog bite injuries and subsequently had to undergo skin graft operations which has resulted in significant scarring.

Lauren made a claim for compensation for a dog bite injury through her father – Michael Kelly – alleging that the owner of the dog had been negligent in allowing the Rottweiler to escape. The dog´s owner – William Crawford also of Abbeylara in County Longford – admitted liability and a €150,000 settlement of compensation for a dog bite injury was negotiated.

In order for the settlement to be approved, Lauren´s claim for dog bite injury compensation was heard before Mr Justice Kevin Cross at the High Court in Dublin. Judge Cross was told how Lauren had been tossed around like a rag doll while the attack was in progress and how she subsequently suffered nightmares. Lauren also has to wear a protective sleeve while swimming to prevent an infection to her arm.

Mr Justice Kevin Cross approved the €150,000 settlement of compensation for a dog bite injury. The compensation settlement will be held in an interest-bearing account at the court until Lauren reaches the age of eighteen. Lauren´s patents will be able to access the compensation fund if Lauren requires further medical attention to cope with the consequences of the attack.

Compensation for Pedestrian Hit by Car Reduced due to Contributory Negligence

An award of compensation for a pedestrian hit by a car has been reduced by a judge in Belfast to account for the plaintiff´s contributory negligence.

Stacey McCaughey was walking along the Carrickmannon Road in Ballygowan on 26th September 2010, after an evening out with some friends at the nearby Chestnut Inn, when she was hit by a car driven by Brian Mullan.

Twenty-four year old Stacey was taken to hospital where she remained in intensive care for four days suffering from a frontal lobe contusion, a spinal injury and multiple fractures. Despite receiving prompt medical attention, Stacey suffered brain damage from which she suffers moods swings, headaches and memory loss.

After seeking legal advice from a solicitor, Stacey – who also has significant facial scarring – claimed compensation for a pedestrian hit by a car on the grounds that Mullan had been driving too quickly along the unlit road.

Mullan disputed the claim on the basis that the group had been very drunk and wandering across the road with no regard for their own safety. A forensic engineer confirmed the driver´s version of events that he had swerved to avoid the main body of friends, but could not avoid hitting Stacey.

As liability was contested, the claim for compensation for a pedestrian hit by a car went to the Belfast High Court, where Mr Justice O´Hara heard evidence from both parties, the forensic engineer and the police – who confirmed that Mullan had been sober on the night of the accident.

The judge agreed with Stacey that Mullan had been driving too fast in the conditions and awarded her £110,000. However, the judge then told Stacey that he was reducing her award of compensation for a pedestrian hit by a car by 60 percent to £44,000 – explaining that she had failed to take her own safety into account “by walking in the middle of a dark, unlit road while drunk and incapable of being alert to traffic”.

Judge Awards almost €5 Million Injury Compensation for Accident with Bin Truck

A High Court judge has awarded a County Wicklow man almost €5 million injury compensation for an accident with a bin truck which left him permanently brain damaged.

On 23 April 2007, Padraig Hearns was having a night out in Dublin when he was attacked in Sycamore Street in the city´s Temple Bar area. As he lay on the road, he was run over by a Dublin City Council bin truck and suffered a fractured skull.

Padraig (39) from Hollywood in County Wicklow had to be put into an induced coma on arrival at hospital, and spent several months recovering from his injuries. Due to the brain damage he suffered in the accident Padraig – a former air steward for British Airways – will never be able to work again or live an independent life.

Through his parents Padraig made a claim against Dublin City Council to recover injury compensation for the accident with the bin truck. Dublin City Council denied its responsibility for Padraig´s injuries and said it was not the fault of the bin truck operators that Padraig had been attacked and was lying in the road.

The claim proceeded to the High Court, where it was heard before Mr Justice Michael Peart. Judge Peart found in Padraig´s favour after hearing that the local authority had broken its own by-laws by collecting rubbish in Temple Bar between the hours of 12:00pm and 6:00pm.

Judge Peart also considered that the operators of the bin truck had a duty of care to have one of their team outside of the truck as it moved on, in order to ensure it was safe to do so. The judge found that the bin truck operators had breached their duty of care by failing to see Padraig lying in the path of their vehicle.

The judge awarded Padraig €4,885,888 injury compensation for the accident with the bin truck which included €266,341 for loss of earnings, €155,230 for care costs to date, €350,000 for past and present pain and suffering and €3,485,000 for care costs in the future. Costs were awarded against Dublin City Council.

Woman´s Claim for Injuries Sustained in Hit and Run Accident Resolved at Hearing

A woman´s claim for injuries sustained in a hit and run accident has been resolved after a hearing at the High Court when a €1.2 million compensation settlement was approved by a judge.

Laura Byrne (26) from New Ross, County Wexford, was talking with friends on John Street in New Ross when, on June 20th 2009, she was hit by a car driven by Polish national Karol Chrzan. Chrzan drove off after the accident, and was later arrested by the Garda when admitted to panicking due to being over the alcohol limit for driving.

The Garda also discovered that Chrzan had been driving his partner´s car, for which he was not insured, and charged him with causing serious injury by dangerous driving. He was sentenced to three years in prison and banned from driving for six years.

Laura had been taken to Waterford Regional Hospital after the accident suffering from head injuries after hitting her head on the windscreen of the care. When it became apparent that she had suffered internal brain injuries, she was transferred to Cork Hospital for specialist treatment.

As a result of the permanent brain injuries she sustained in the accident, Laura had to abandon the veterinary course she was studying. She suffered attacks of double vision and problems with her balance, and – five years after the accident –  Laura´s left arm is still weaker than her right.

Laura made a claim for injuries sustained in a hit and run accident against the Motor Insurers Bureau of Ireland (MIBI) – the organisation responsible for settling claims against uninsured drivers – and a settlement of €1.2 million compensation was agreed.

Ms Justice Mary Irvine at the High Court in Dublin approved the settlement – commenting that it was a good one in the circumstances – and closed the case by adding that, although no settlement of compensation would make up for the trauma Laura had suffered, she hoped that the extra money would make Laura´s life better.

Public Liability Claims by Women Outnumber Claims by Men 2-to-1

According to statistics released by the Injuries Board, public liability claims by women in 2013 outnumbered those made by men by two-to-one.

Public liability claims for compensation are the second-most common category of personal injury claim in Ireland after claims for injuries sustained in motor accidents; and last year more than 1,700 assessments of public liability injury compensation were accepted by people who had suffered injuries in public liability accidents.

The most common type of public liability accident was trips, slips and falls in places of public access – more than two-thirds of the accepted assessments related to accidents such as slips on wet floors, trips over broken pavements and falls due to uneven drains and manholes – while a higher than usual number of injuries were sustained in leisure facilities such as cinemas, sports clubs and hairdressers.

Accidents in shops and supermarkets accounted for a considerable number of public liability compensation settlements and, possibly due to the high number of shopping accidents, the volume of public liability claims by women outstripped those made by men by 71.4 percent -v- 28.6 percent – with the majority of injuries sustained being fractures, cuts and soft tissue injuries such as bruises and strains.

Also possibly due to the high number of injuries sustained in shopping accidents, Saturday was the most common day of the week for accidents in public places for the third consecutive year. The month of July 2013 saw the highest level of accidents throughout the year, while January – surprisingly considering the nature of the weather in January – was the safest month to be out and about.

The total amount of compensation for public liability injuries assessed by the Injuries Board in 2013 amounted to €44 million, with the average accepted assessment being €25,120 – an increase of more than 10 percent on 2012. Despite the number of public liability claims by women being more than double those made by men, men accepted awards slightly higher on average than those for women (€25,664 -v- €24,902).

Settlement of Compensation for Catastrophic Injuries Approved at Court Hearing

A settlement of compensation for catastrophic injuries in favour of a teenager who was hit by a bus has been approved after a hearing at the High Court.

Carlos Tesch (18) was walking with friends along Herbert Road in Bray, County Wicklow, on 4th February 2009, when he ran across the street in order to avoid a group of local youths who had previously verbally threatened the young Spaniard – who was twelve years of age at the time – and his friends.

As he ran across the street, Carlos was hit by a bus coming from behind him, and he sustained serious head injuries – including a fracture to the base of his skull – which has left Carlos unable to speak or walk more than a few paces unaided, and reliant on the permanent care of his parents – Hans and Mar Tesch.

Through his father, Carlos claimed compensation for the catastrophic injuries he sustained in the bus accident against Dublin bus – the operators of the bus that hit him. Dublin Bus denied their liability for Carlos´ injuries, stating that the driver could not have foreseen the teenager running out into the street.

However, a High Court ruling last year found Dublin Bus 70% responsible; for although the bus had been travelling at 40Km/h in a 50 Km/h zone, the driver had been distracted by chatting to a passenger shortly before the accident occurred.

The High Court´s decision was appealed to the Supreme Court, but the Supreme Court upheld the original verdict and the case was returned to the High Court for the assessment of damages.

At the High Court, Ms Justice Mary Irvine heard the circumstances of Carlos´ accident and that a €9 million settlement of compensation for his catastrophic injuries had been agreed.

The judge was also told that Hans Tesch now cared for his son full-time – after having given up his managerial job – and had twice taken him to China for stem cell treatment.

Carlos currently attends the Spanish Institute during school hours and – approving the settlement of compensation for catastrophic injuries – Ms Justice Mary Irvine said she was fully aware of what parents had to give up for their children in cases of catastrophic injuries.

Court Finds Couple Negligent in Dog Bite Injury Claim for Compensation

The High Court has found a Kilbeggan couple negligent in a dog bite injury claim for compensation brought against them by their postman.

Joseph Dunne (63), also from Kilbeggan in County Westmeath, was delivering letters to the home of  Olive Dalton and Martin Maher of Dublin Road, Kilbeggan when, on 8th October 2008, the couple´s husky-type dog escaped from their garden through a hole in the hedge and attacked him.

Joseph was knocked to the floor by the dog, and endured a terrifying attack while the dog continued to claw and bite him. Fortunately a passer-by was able to halt the attack by striking the dog across the back with a stick and an ambulance was called to take Joseph to hospital.

At the hospital, Joseph received twenty-two stitches for lacerations to the right side of his face and received treatment for nerve damage to the right side of his forehead. When the stitches were removed, it was necessary for Joseph to undergo plastic surgery to disguise his scars.

After seeking legal advice from a solicitor, Joseph made a dog bite injury claim for compensation against Ms Dalton and Mr Maher – alleging that they had been negligent in failing to enclose their garden securely and for not informing An Post of the potential dangers of delivering post to the property.

The couple denied their liability for Joseph´s injuries and the case went to the High Court in Dublin, where Mr Justice Michael Moriarty was told that the dog had been put down on the day following the attack.

After hearing evidence from both parties, the judge found in Joseph´s favour, and awarded him €55,000 in settlement of his dog bite injury claim for compensation – commenting that Joseph had been brave to return to work so soon after what must have been a particularly frightening event.

Report Reveals 10 Percent Increase in Compensation Claims to the Injuries Board

Claims to the Injuries Board have increased by 10 percent in the first half of the year according to a report published on the government body´s website.

The analysis of claims to the Injuries Board from January to June 2013 show that the number of applications for the assessment of compensation received by the Injuries Board increased from 14,685 in the corresponding period in 2012 to 16,162 – a rise of just over 10 percent.

The number of assessments accepted by plaintiffs also increased from 5,180 to 5,286, but this represented a significant drop in the percentage of claims to the Injuries Board which were successfully resolved (37.2 percent > 32.7 percent) and indicates that fewer claims for personal injury compensation are being resolved through the Injuries Board process.

The total value of accepted assessments and the average value of each assessment also increased (by 8 percent and 4 percent respectively); however CEO of the Injuries Board in Ireland – Patricia Byron – explained that this was due to a small number of exceptional claims to the Injuries Board – one of which resulted in the highest ever accepted Injuries Board assessment of €976,000.

Once again, claims for injuries sustained in road traffic accidents accounted for the highest proportion of claims to the Injuries Board (75.5 percent), while there was an ongoing reduction in claims for injuries at work (8.1 percent). The remainder of the requests for an assessment of injury compensation were made in respect of public liability claims – injuries sustained in places of public access and product liability claims.

Discussing the increased volume of claims to the Injuries Board and the higher level of injury compensation settlements, Ms Byron warned insurance companies not to use the Injuries Board statistics as an excuse to raise insurance premiums. She said “Given a reduction of 30 percent in the Boards processing fee to respondents [down from €850.00 to €600.00], we see no basis for insurance premium hikes at this time”.

Potential plaintiffs should that while it may still be quicker to resolve a claim for personal injury compensation through direct contact with the negligent party´s insurers, making a claim to the Injuries Board is still necessary (except in claims for medical negligence and professional negligence) in case your claim cannot be resolved by negotiation and requires court action.

Woman Awarded Compensation for Fall on Moving Walkway

A woman who caught the heel of her shoe in a hole on a travelator in a Dublin shopping centre has been awarded €13.150 in compensation for a fall on a moving walkway after a hearing at the Circuit Civil Court.

Nuala Holloway Casey (60) from Blackrock in Dublin brought her action against Secret Retail Holdings (trading as Superquinn Shopping Centre) and Kine (Ireland) Limited, travelator and escalator fitters, of Ballymount, County Dublin, after suffering an ankle injury at the Superquinn Shopping Centre in December 2007.

Judge Barry Hickson in the Circuit Civil Court heard that on December 21st 2007, Nuala had caught the high heel of her shoe in a hole at the entrance to a descending moving walkway and fallen heavily – damaging her left ankle. Nuala told the court that she still suffered pain in the ankle and had been forced to give up playing tennis because of the injury.

The court also heard that liability for the injury had been admitted by the joint defendants but how much compensation for a fall on a moving walkway Nuala should receive was in dispute as Nuala had failed to visit her doctor for 10 days after the accident and exacerbated her injury by a separate fall in 2009.

After reviewing the medical evidence in support of Nuala´s claim, Judge Hickson awarded the former Miss Ireland €12,000 compensation for the fall on the moving walkway plus an additional €1,250 to account for the expenses she had incurred which were directly attributable to her accident.

Car Crash Compensation Claim against MIBI Approved in Court

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his car crash compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years of age when, in March 2008, he was a passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown out of the car as it left the road, suffered a severe brain trauma which has left him requiring permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car had been uninsured, and that a car crash compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal advisors and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man´scontributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s car crash compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ordered that the foster mother who had been caring for the victim since his accident should receive an immediate lump payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.

Aggravated Damages in Whiplash Claim to be Paid by Insurers

Aggravated damages in a whiplash claim for compensation must be paid by an insurance company after failing to pursue allegations of collusion against the claimant.

Mr Justice Matthew Deery made the order against the AXA insurance company after it had accused the injured victim of a rear-end collision – James O’Sullivan, of Clane, County Kildare – of colluding with a defence witness in order to support his compensation claim for a whiplash injury.

The judge heard how the negligent driver in the case – Gary Reilly, of Ballyfermot, County Dublin – had sworn an affidavit in relation to the events of September 27, 2008, when Reilly´s taxi rear-ended O´Sullivan vehicle in Eirhouse in County Dublin.

However Mr Justice Matthew Deery said that the allegation had not been chased at the hearing and directed that AXA and Reilly pay aggravated damages of 3,000 Euros to O´Sullivan for the manner in which they had defended the whiplash injuries claim in addition to the award of 7,750 Euros for whiplash injury.

Luas Accident Injury Compensation Approved in Court

A settlement of Luas accident injury compensation for an accident which left a Dublin man with traumatic brain injuries has been approved in court almost five years after the accident occurred.

Derek Cross (52) of Clondalkin, Dublin, was crossing the Naas dual carriageway in order to catch a taxi home in the early hours of 15 September 2007, after drinking at the Bluebell United Football Club until 1.30am after a golf outing with friends.

As he crossed the road to reach the Red Cow Hotel taxi stop, Derek was hit by a Luas tram travelling from Kylemore. The impact with the tram left him with multiple rib fractures and a traumatic brain injury which has resulted in Derek only being able to walk with the aid of crutches and unable to work.

Derek made a claim for Luas accident injury compensation against the operators of the Luas tram service, the Railway Procurement Agency and Veolia Transport – claiming that they had failed to take proper steps to provide appropriate signage and safe passage for pedestrians who were crossing the road lawfully.

Ms Justice Mary Irvine at the High Court heard that the defendants had denied the claims based on Derek´s significant contribution to his injuries due to his drunken state. However, an out-of-court settlement of 650,000 Euros had been negotiated which was before her for final approval.

Approving the settlement of Luas accident injury compensation, Ms Justice Mary Irvine said that it was an exceptionally good offer under the circumstances of the case, as if the claim for Luas accident injury compensation had gone to trial there was a risk of losing the case.

Judge Orders CCTV Release in Dublin Bus Injury Claim

A judge in Dublin´s High Court has ruled that Dublin´s bus company has to release CCTV footage to solicitors representing a claimant in a Dublin Bus street accident compensation claim.

The judgement was made by Mr Justice John Hedigan following years of stalling by the bus company and rulings made in the claimant´s favour by the Data Protection Commissioner and Judge Jacqueline Linnane in the Circuit Civil Court. The bus company had argued that the information they possessed about the claimant was privileged and, as potential evidence in litigation, they were not willing to release it.

The Dublin Bus injury claim first started in October 2009, when a female claimant from Dublin alleged that she had suffered an injury aboard a Dublin Bus the previous year. Dublin Bus refused to accept liability for the woman´s injuries and the Injuries Board Ireland declined to assess her application for Dublin Bus street accident compensation.

In preparating for court proceedings, the claimant´s solicitor were advised of the existence of CCTV footage taken aboard the bus and were shown a video relating to their client´s claim for Dublin Bus injury compensation at Dublin Bus´s office. A request for a copy of the video was denied and, even after the claimant´s legal team had complained to the Data Protection Commissioner, Dublin Bus continued to withhold the CCTV footage.

Dublin Bus appealed the Data Protection Commissioner´s decision to release the video and sent their case to the Circuit Civil Court. However, in July 2011, Judge Jacqueline Linnane ruled that the bus company should release the video to the solicitors on the grounds that the claimant had every right by law to ask for access to the CCTV footage in support of her Dublin Bus injury claim and that Dublin Bus had no right to withhold it.

Dublin Bus then chose to delay a resolution to the street accident compensation claim for Dublin Bus injury compensation by appealing Judge Linnane´s decision to the High Court, but Mr Justice John Hedigan found in favour of the claimant, stating that that Dublin Bus had “not raised a point of law giving rise to grounds for overturning Judge Linnane’s decision”.

Pothole Cyclist Compensation For Man

A man, who suffered arm and wrist injuries after falling from his bicycle when hitting a pothole in the road, has won his pothole cyclist compensation claim against his local council.

James Tarrant (62) from Windsor, Buckinghamshire, was cycling to work one morning in October 2008 when his bicycle fell into a pothole which had formed beside a manhole cover on Bangor Road, Iver. In addition to suffering arm and wrist injuries, James also had to undergo some dental treatment to have a tooth extracted as a result of his accident.

After seeking legal guidance, James made a fell in pothole compensation claim against Buckinghamshire County Council, claiming that the road was in a state of disrepair and, although he had his bicycle lights on, the road was so poorly lit that he only saw the hazard when it was too late to take evasive action.

After their own examination into the accident, Buckinghamshire County Council admitted liability for James´ injuries and awarded him 4,191 pounds for cyclist fall in pothole compensation to account for his pain and suffering and the cost of dental treatment.

Pedestrian Brain Injury Compensation Settlement for Victim

The family of a father of two, who suffered brain damage when hit by a speeding car, has agreed a 300,000 pounds pedestrian brain injury compensation settlement with the negligent driver´s insurers.

Zahid Hussain (30) of Blackburn, Lancashire, was crossing the street near his home in March 2007 when he was struck by a silver Volkswagen Golf and was left fighting for his life after sustaining four fractures to his skull and swelling on the brain.

Although Mr Hussain has partially recovered from his injuries, he still suffers cognitive and psychological problems and has been forced to move from the family home in Blackpool to his parent´s home in London.

In the High Court in London, Judge Alison Hampton QC was told that the two parties had agreed on the amount of compensation that should be paid and, approving the settlement commented that “I hope the money can be put to good use, and in the best interests of the claimant.”