Posted: March 24th, 2021
A High Court compensation action has been settled for €50,000 in favour of an eight-year-old boy who was injured in a accident that occurred when when the scooter he was riding struck a piece of timber that was sticking out from the garden wall of a house.
iam David Hanson hit what was though to be a kitchen worktop left by labourer on a garden wall and sticking out onto the footpath he was travelling along in Westbrook Heights in Balbriggan, Co Dublin, on July 14, 2016.
Taking the legal action via his mother, Deborah Manning, of Moylaragh Crescent, Balbriggan against Jamie Tiernan and Helen McCusker, both with addresses at Westbrook Heights, kitchen installershit what was believed to be a kitchen worktop left by workman on a garden wall and protruding onto the footpath manufacturers Tierney Kitchens Retail, of Stephenstown Business Park, Balbriggan, the East Coast Kitchen Factory and Ion Tomoiaga, both who reside at KCR Business Estate, Kimmage, Co Dublin.
Representing Liam in court, Conor Halpin Senior Counsel informed the Court that the young boy did not spot the wood until the last second. Due to this he suffered cut and lacerations to his face. He was administered with stitches which resulting in the presence of some scarring in the area of his forehead.
Presiding Judge Justice Deirdre Murphy was informed that an offer of €50,000 had been made to settle the case. The defendants did not accept liability and had also claimed that there was some contributory negligence to consider in the legal action.
Justice Murphy was informed that the boy suffered no psychological issue in relation to the scarring the he sustained. They added that the boy was a “very competent young man”. His mother told the court she was happy to accept the personal injury compensation offer.
Justice Murphy, who viewed the scarring on the boy via video link, said the resolution of the scars was significant. She approved the €50,000 offer and said it was a very good one for the young boy.
Posted: May 30th, 2019
An eight-year-old girl who sustained second-degree scald burns after a cup of hot chocolate fell onto her lap during a Ryanair flight has settled her High Court action for €150,000 flight injury compensation.
At the time of the accident American citizen Sriya Venkata Neti was on board a Ryanair flight which was travelling from Rome to Krakow, Poland accompanied by her parents. When she was taking a sip of the hot chocolate the hot liquid and the paper cup dropped on to her lap.
A medical report submitted to court claimed that the hot liquid pooled on the seat causing significant burning pain and the Sriya’s mother had to remove her from her seat belt and take off her clothing. Her mother said that her daughter’s skin that was burned was gone and blisters were forming in other areas and the child was crying due to the pain.
Now 11 years old Sriya Venkata Neti, who lives in Freemont, California, took the legal action via her father Srinivas Neti against Ryanair in relation to the incident that occurred on the Rome Krakow flight on June 25, 2016. Ryanair refuted all the claims that were made.
Hugh Mohan SC, representing Sriya, advised the court that this was a very unusual incident as, under the Warsaw Convention, if a passenger on an international flight can show that bodily injuries were caused by an accident, an unexpected or unusual event that is outside of the passenger’s control, then the passenger is not required to show negligence or fault as against the airline.
An affidavit submitted to the court by the girl’s father Srinivas Neti informed the court that the scarring has now improved. It went on to say that Sriya has made a good recovery and the condition of her injuries has improved.
In approving the Ryanair compensation settlement Mr Justice Kevin Cross said when Sriya was burned she must have suffered a great deal of pain. He also took in to account that the family now wanted to get on with their lives and to put the incident in the past.
Posted: February 2nd, 2019
A €63,000 Tayto Park accident compensation settlement for a now 16-year-old boy in relation to a fall from a playground slide on August 26, 2013 was approved at the High Court heard.
Seán Kelly was 11-years-old he sustained serious kidney injuries in the incident occurred at Tayto Park, Co. Meath. Judge Garrett Simons was advised that Seán – who lives at Coolkill, Sandyford, Dublin – was told he should be wearing shoe covers to reduce the friction from the slide when he fell in the ‘hazardous’ run-off section, and landed painfully on the side of tubing.
Judge Simons was advised that Seán was ‘doubled up’ due to the pain he was suffering from following the accident. He was administered with first aid before he got sick a few times. After this he was taken to his family’s car and they brought him to his family doctor for further treatment late. His GP referred him to Tallaght Paediatric Emergency Department where an x-ray showed he had a grade two injury to his kidney.
Seán’s was prescribed with a course of antibiotics to treat his kidney injuries he made a full recovery by January 2014.
Seán’s legal counsel Patrick O’Connell SC told the Judge that Tayto Park failed have sufficient supervision in place for the children when they were exiting the slide. Mr O’Connell went on to say that the slide was highly polished and slippery at the run-off area. He also said that the sides of the slide should have been coated with foam or rubber to minimise the chance of injury if a child slipped on it. There was also an allegation that the slide should have been constructed so that users would finish the complete run and not be able to exit it earlier.
Mr O’Connell informed Justice Judge Simons that a playground amusement compensation settlement offer of just under €63,000 had been agreed. Judge Simons gave his approval for the personal injury compensation.
Posted: January 24th, 2019
An 11-year-old schoolboy has been awarded €27,500 dog bite injury compensation after he was bitten by a neighbour’s greyhound dog and left with scarring to his leg
Barrister Kevin D’Arcy, legal representative on behalf of Milan Nasyron, told the Circuit Civil Court that the young boy, who took the legal action against his neighbour Fiona Coggins through his mother Evita Hoverun, had been attacked by the dog on May 25 2017. The attack occurred when he was putting his bicycle in a communal basement car park at a residential development in Clarehall, Malahide Road, Dublin.
Mr D’Arcy told that court that the defendant had allowed the greyhound to run free without a muzzle. This action, it was alleged, resulted in the attack on the then 9-year-old Milan.
Presiding Judge Mr Justice Raymond Groarke was informed that Ms Coggins did not have control of her dog despite a number of earlier incidents involving the dog. As the boy was returning to his home, and was placing his bicycle in the car park, the dog had lunged at Milan from the direction of Ms Coggins’ car parking area. The attack punctured the back of Milan’s left thigh.
Additionally, he had been knocked forward in the attack further injuring and cutting his right knee. Luckily, Milan had been able to escape from the dog via the elevator to get into his home.
Milan was taken to the emergency department of Temple Street Hospital where his cuts were cleaned and dressed and he was treated with antibiotics for his injuries. After his treatment it was recorded that he had half inch scar on his right knee and a small puncture scar on the back of his left thigh.
Due to the incident, the court was told, Milan had had developed a fear of dogs and suffered from anxiety.
Judge Groarke said he felt the €27,500 settlement offer for the defendant was a good one which he approved with an order for costs.
Posted: April 13th, 2017
A judge has approved a settlement of compensation made to a young girl after an accident in a swimming pool left her with a visible scar on her face.
While on holiday with her family in August 2012, a young girl went swimming in the pool of the Sol Principe Hotel in Torremolinos on the Costa Del Sol. While swimming, another guest dived into the pool, landing on top of her. The force of the collision pushed her to the bottom of the pool, causing her chin to collide with the tiles. When she resurfaced, her chin was bleeding rather severely.
The girl received on-site medical attention from hotel staff, and was taken by her family to a local medical clinic.The cut to her chin was cleaned and seristrips were applied to the wound. As a result of the accident, the girl (who was only eight years old at the time of the incident) suffered pain, distress and discomfort. She was left with a pale scar on her chin, 1 cm in length. The family sought legal counsel, and through her father she claimed compensation for a Spanish swimming pool accident against the hotel and the travel agent through whom the holiday had been booked.
In the claim for compensation for a Spanish swimming pool accident, it was alleged the hotel – and, by association, the travel agent – had been negligent and failed in its breach of duty by failing to take adequate precautions while guests were using the swimming pool. It was also alleged there was a lack of adequate supervision of the fellow guest that had dived into the pool by the hotel staff, and that the hotel should have been aware that more staff on site would have prevented the accident from occurring.
The defendants denied liability, and a full defence was entered against the claim. It was also argued that the case should be heard in Spain, rather than in Ireland, because of the location in which it took place. However, the case was brought to the Circuit Civil Court in Dublin, where it was heard by Mr Justice Raymond. It was explained that an initial offer of settlement amounting to €5,000 compensation for a Spanish swimming pool accident had been made by the two defendants, without admission of liability.
The offer of settlement was of a value that would be offered to the girl if the family were to successfully bring a claim in Spain. Judge Groarke heard that the offer had been since increased to €12,500 after initially being rejected by the family. Due to continued disputes of liability, the family had agreed to accept the increased offer. As the girl was a minor at the time of the incident, the judge had to approve the settlement of compensation. He stated that, after hearing the circumstances of the case, he was happy to approve the settlement of compensation for a Spanish swimming pool accident.
Posted: October 10th, 2016
A child’s Injuries Board assessment for a fall from a window compensation has been approved by a judge in Dublin Circuit Court.
Róisín Byrne was just fifteen months old when, in August 2012, she fell from the large sash window of the Georgian building in which she was living with her parents. The little girl fell three metres before landing on a fire escape, sustaining injuries that included lacerations to her forehead, broken ribs and a punctured lung. Róisín, now five years old, has recovered from her injuries though still bears a scar on her head from the fall.
The safety of the window had already been called into question by Ronan Byrne and Chloe Murphy, Róisín’s parents. As the window opens just half a metre from the ground, they were concerned that it would pose a danger to their young child. The subsequently requested that the caretaker add an extra security mechanism to prevent an accident. The request was never heeded, and an accident did indeed occur.
Chloe, acting on her daughter’s behalf, consulted a personal injuries solicitor and proceeded to file for assessment with the Injuries Board Ireland. Enda Woods, the owner of the Georgian property, situated in Blackrock, consented to the assessment. The Injuries Board calculated a settlement of compensation worth €46,000 for Róisín’s injuries.
Though there was mutual consent between the parties concerning the value of the settlement, as the claim was made on behalf of a child, the sum had to be approved by a judge before it could be awarded. The sum was in excess of €15,000, and as such it was assessed by Mr Justice Raymond Graorke in the Circuit Court.
At the approval hearing, Mr Justice Raymond Groarke heard the circumstances of Róisín’s accident and the extent of her injuries. He proceeded to approve the settlement, which will be paid into court funds until Róisín’s eighteenth birthday.