A farmer who ran over an elderly German tourist with his 1980- registered tractor at one of the country’s best-known tourist spots was fined €1,250 yesterday.

At Ennis Circuit Court, Judge Gerald Keys said that banning John Boyce (57), Moyhill, Cratloe, Co Clare, a father of two, from driving would be akin to taking tools from a tradesman.

At the court earlier last month, a jury unanimously found Boyce guilty of careless driving relating to the fatal crash of his Massey Ferguson tractor into Inge Schmidt (76) at a pedestrian crossing at Low Road, Bunratty, on October 29th, 2010.

Boyce was tried on the charge of dangerous driving causing the death of Ms Schmidt but the jury unanimously cleared him of that.

At the sentencing hearing yesterday, Judge Keys said there were a number of aggravating factors.

These included the condition of Boyce’s tractor, in … Read More »

An Irish traditional singer is suing historian Prof Diarmaid Ferriter claiming the cover of the academic’s book on the Pioneers depicts him as an alcoholic.

Tim Lyons, Athenry, Co Galway, claims a photo of him with two pints of stout on the cover of Prof Ferriter’s A Nation of Extremes – The Pioneers in Twentieth Century Ireland depicts him as an alcoholic. He is also suing the book’s publisher, Irish Academic Press.

Ennis Circuit Court heard Prof Ferriter said he had no input into the selection of the photograph.

Dismissing Prof Ferriter’s application to have the action struck out, Judge Gerald Keys said: “How could I deal with the defence of innocent publication without hearing from everyone?

You would have to have a full trial of the action to establish if the author is entitled to that relief.” Peter Clein, for Mr Lyons, said … Read More »

A mistaken accusation of theft against a group of six “browsing” schoolgirls has cost a Dublin shop €70,000 in damages and legal costs for slander and false imprisonment.

Circuit Court president Mr Justice Matthew Deery yesterday approved a €7,500 settlement offer by Claire’s Accessories UK Ltd to mother-of-one Jacqueline O’Reilly (17).

Barrister David Conlan Smyth told the Circuit Civil Court it was the sixth case he had settled in relation to a single incident in the company’s store at the Ilac Centre, Dublin, in October 2008. He said the cases against Claire’s Accessories UK had been settled for €7,500 each, with costs. Legal costs for such cases in the Circuit Civil Court average between €4,000 and €5,000.

Mr Conlan Smyth said Ms O’Reilly, St Theresa’s Gardens, Donore Avenue, Dublin, had been browsing in the shop, which specialises in jewellery and accessories, with five … Read More »

Able Solicitors have secured an award in the amount of €17,845.70 plus costs in a Personal Injury Circuit Court Action against Dublin Airport.

Our Client tripped and fell on a barrier base during the construction of Terminal 2 which resulted in our client injuring her back and foot.

Judge Linnane decided that the Defendants were negligent in failing to properly explain that the area was no longer accessible to pedestrians and therefore held the Defendants liable.

A Co Meath man has awarded €85,000 compensation for unfair dismissal in September 2009 as manager of The George pub and nightclub in Dublin.

Mark Keogan, Kells Road, Navan, Co Meath, had sued Vikram Ltd, which trades as Capital Bars, owner of The George and two other Dublin bar clubs, Café en Seine and Howl at the Moon, all of which are in receivership.

Francis Drumm, for Mr Keogan, told the Circuit Civil Court that the Employment Appeals Tribunal had decided Mr Keogan had been unfairly dismissed and directed that he be reinstated in his job as manager of the George’s Street venue.

Tom Mallon, for Vikram Ltd and the receiver, told Circuit Court president Mr Justice Matthew Deery that the receiver was appealing the tribunal’s decision. The company was wholly insolvent and in receivership since November 2009.

Mr Justice Deery said Mr Keogan … Read More »

A pub manger was awarded €85,000 by the Employment Appeals Tribunal in relation to an Employment Claim he took against his former employer, The George Nightclub in Dublin, in respect of unfair dismissal.

The Defendant’s in this employment claim appealed the decision of the Employment Appeals Tribunal and brought the appeal before the Circuit Court.

President of the Circuit Court Mr. Justice Matthew Deery found that the Plaintiff was in fact unfairly dismissed and awarded him compensation in the sum of €85,000, as per the Employment Appeal’s Tribunal’s direction.

A seven-year-old boy crunched his teeth into a metal screw buried in a piece of black pudding, a court was told yesterday.

Jennifer Murphy, for Daniel Hendricken, said the incident happened in August 2010. Ms Murphy said Daniel (now nine), Foxdene Green, Lucan, Co Dublin, loosened some of his teeth on the left side of his mouth when he chewed on the screw.

He had been given initial first aid and taken to his local dental clinic on his return home. He was referred to the Dublin Dental Hospital for specialist treatment.

His mother, Denise Hendricken, sued the pudding manufacturer, Loughnane’s of Galway and took a personal injury action on her son’s behalf.

Ms Murphy told Circuit Court president Mr Justice Matthew Deery that Seán Loughnane (Galway) Ltd had offered Daniel compensation of €8,500 which she was recommending to the court.

She said the boy … Read More »