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 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 »

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 »

A teenage girl who suffered a shoulder injury at birth is to receive €380,000 under a settlement of her High Court action made without admission of liability.

Mary Griffin (15), Shanacloon, Fermoy, Co Cork, through her father Donal, had sued a consultant obstetrician, Patrick Kieran, Orchard Road, Cork, and Bon Secours Health System Ltd, College Road, Cork, over alleged negligence during her birth at the Bon Secours Hospital, Cork, in 1997.

It was claimed Ms Griffin sustained a permanent injury to her left shoulder during her delivery and now suffers from Erb’s palsy. It was alleged Dr Kieran failed to identify the risk of shoulder dystocia prior to or during the delivery.

The claims were denied.

A €4.25 million settlement has been approved by the High Court for a boy who is paraplegic as a result of devastating injuries suffered by him six years ago, when a car driven by his mother was involved in a head-on collision with a truck.

Seán McCullagh, now 10, was a back-seat passenger in a belted-in booster seat in the car at the time of the crash, which occurred on Ballycoolin Road, Blanchardstown, Dublin, in February 2006 when his mother swerved to avoid a pothole. He suffered catastrophic injuries.

Mr Justice Gerard Hogan in the High Court heard that the truck driver was exonerated of any blame in the matter.

Seán, through his father Rory, Summerfield Avenue, Blanchardstown, had brought proceedings against his mother as the insured driver of the car.

Liability was accepted and the case was before Mr Justice Hogan for assessment … Read More »