A young boy who allegedly suffered a shoulder injury during his birth at a Cork hospital is to receive €275,000 under a settlement of his High Court action against the HSE.

Seán Daly (8), Kinvara Park, Ballyvolane, Cork, had, through his father Denis, alleged he suffered the injury during his delivery at St Finbarr’s Hospital, Cork, on October 8th, 2004.

Yesterday, Dr John O’Mahony SC, for the child, told Ms Justice Mary Irvine the settlement was made without admission of liability.

A WOMAN who fell on her way into a parish hall to vote in a referendum has lost her High Court action for damages over the incident.

Anne Cassidy (68), Crickstown, Ratoath, Co Meath, sued Fr Philip Gaffney, the parish priest of Curraha, Ashbourne, Co Meath; Mary O’Malley, returning officer for East Meath in the referendum; and the Department of Environment, Heritage and Local Government as the owner/occupier of the hall on the day of the accident.

The High Court was told Mrs Cassidy, a housewife, went with her husband Patrick to Curraha parochial hall on October 2nd, 2009, to vote in the second Lisbon referendum.

At the entrance door, she tripped and fell when her toe caught on a raised weather strip at the step into the hall, the court heard.

Mrs Cassidy claimed she suffered injuries and the defendants were negligent in … Read More »

A MAN who walked next door and punched his neighbour in the mouth has been told by a judge to pay him ?9,000 compensation.

Siobhán Gaffney, for Barry Matthews, told the Circuit Civil Court that her client admitted the assault on electrician Andrew McDermott in July 2009.

Mr McDermott (48), St Conleth’s Road, Walkinstown, Dublin, told her that Matthews, who lived next door, had made some allegation about bullying involving their two sons.

“There was a knock at the door and I went out to answer it,” Mr McDermott said.

“Barry Matthews was standing at the door and punched me in the mouth.”

Mr McDermott told his barrister Abdulla Morgan Kamber that his left upper lip had been lacerated “through and through”. There had been blood everywhere and on the hall floor, which he did not want his children to see.

He had gone to St … Read More »

A woman who had two hip replacement operations intends to bring what is expected to be the first of many cases over allegedly defective hip implants.

Irene Pierson is one of thousands of people who had DePuy Orthopaedics hip joints fitted in Irish hospitals before DePuy ordered a worldwide recall of the product in 2010. Yesterday the High Court was told Ms Pierson intended to bring an action against DePuy Inc and related companies, which allegedly supplied and manufactured the hip replacement product; Johnson Johnson Inc, which owns DePuy Inc; and the Health Services Executive.

Ms Pierson alleges she entered into a contract with the HSE in March 2007 to have a right hip implant manufactured by DePuy fitted and also entered into a contract in September 2008 to have a left hip implant fitted. It is alleged the DePuy products were … Read More »

A man who was punched in the head while a serving garda as he released a man from a Garda station was awarded more than €300,000 in damages by the High Court yesterday.

Ms Justice Mary Irvine said James Lynn, who was stationed at Castlebar station but has since been discharged from the Garda due to ill-health, had lost the career he fought so hard to get into.

As a result, Mr Lynn had lost his status in society and his injuries affected him every day, she said. The case was brought under the Garda Compensation Act by Mr Lynn who had been attached to Castlebar station at the time of the assault on June 23rd, 2001.

The court heard Mr Lynn released a prisoner from holding cells who then went to the day room. Mr Lynn later escorted him to the foyer.

As … Read More »

A three-year-old girl suffered nightmares after gardaí had attempted to enter her home by force at night, a judge was told yesterday.

Ruby Whearity was upstairs with her mother when gardaí had been let into her home by her father in January last year, only for them to find they were in the wrong house.

Barrister Bebhin Sparks told the Circuit Civil Court that a garda had gone upstairs and there were others in the house and garden, before they realised they had attempted to enter the “incorrect address.”

She told Mr Justice Matthew Deery that liability with regard to the error was not an issue and while Ruby, whose home is in Chapel Close, Balbriggan, Co Dublin, had been extremely distressed by the incident, her anxieties had resolved within a matter of months.

Ms Sparks said Ruby, who is now aged four, had … Read More »

An Insurer is not liable for any injury caused to a third party by any negligent driving of a person when driving a vehicle with the owner’s consent but without being a named driver on their policy, the Supreme Court has ruled.

The insurance firm’s liability is to the insured and is not a liability owed directly to the injured party, the five-judge court said.

It was ruling on a legal point raised by a man arising from his District Court conviction for driving his father’s car without insurance. Keith Donnelly was convicted in February 2008 of driving his father Eugene Donnelly’s car without cover on January 27th, 2007, at Fairgreen, Carlow.

The car was insured under a policy issued by AXA Insurance Ltd to Eugene Donnelly with himself and his wife as named drivers. Keith Donnelly was not named. When stopped by … Read More »

HIGH COURT: A 34-year-old female garda, who was stunned when an intoxicated woman she was searching punched her on the nose, has been awarded more than €5,000 in damages at a High Court Garda compensation hearing.

Garda Shauna Keane, of Cappahard, Tulla Road, Ennis, Co Clare, told Ms Justice Mary Irvine that she was searching a woman in a private room when the prisoner lashed out at her.

Garda Keane said she had been stationed in Waterford Road Garda station, Cork city, on November 3rd, 2005, when she was called to a disturbance at Gurranabraher, where three prisoners, including the woman, were being held. Garda Keane said she suffered a lot of pain to her face and nose and had been off work for six weeks. Her doctor had referred her to an ear, nose and throat specialist who had carried out … Read More »

A 16-year-old schoolboy who was hit over the head with a steel stool by another student has been awarded €9,000 damages in the Circuit Civil Court.

Ivan Daly, for Daniel Mulligan, Sillogue Park, Ballymun, said the boy had been assaulted initially in the corridor of Trinity comprehensive secondary school, Ballymun, Dublin, in October last year.

Shortly afterwards he had been hit on the head in a classroom with a stool by another student. The blow caused a three-inch cut to the boy’s scalp which required eight stitches.

Mr Daly said Daniel and his fellow pupils were being supervised at the time and there was a possibility the case could be lost on failure to prove negligence.

He said he was happy to recommend the Circuit Civil Court’s approval of a €9,000 settlement offer by the school.

Circuit Civil Court president Mr Justice Matthew Deery directed … Read More »

A COUNCIL worker who had to give up deep sea fishing and playing the bagpipes after he tripped over an electrical cable while walking on a footpath carrying a ladder is to get some €257,000 damages following a High Court ruling yesterday.

Ms Justice Mary Irvine reduced the total €342,799 award by one-quarter to just over €257,000 after finding there was contributory negligence to that extent on the part of Liam Murray.

Mr Murray (55), Cleggan Road, Ballyfermot, Dublin, had sued the ESB as a result of the accident at Beach Road, Sandymount, Dublin, on August 17th, 2009.

He claimed he was walking along the road when he fell on electrical cabling emerging from under the path at the base of a street lamp. He claimed the ESB was negligent in allowing electrical cable to be on the pathway.

As a result of injuries … Read More »