Personal Injury Compensation

Archive for July, 2015

Judge Refuses to Approve Settlement of Compensation for Psychological Injuries at a Crèche

July 23rd, 2015. By Compensation News.

A judge has refused to approve a settlement of compensation for psychological injuries at a crèche, saying that the case should go to a full court hearing.

Emilie Kiely (4) from Sandyford in Dublin started attending the Giraffe Childcare and Early Learning Centre in Stepaside, Dublin, in 2011 when she was eight months old. The following September – when Emilie was moved to the “Toddlers Room” – she started showing signs of distress as she was being prepared to go to the crèche.

In May 2013, RTE broadcast the Prime Time documentary “A Breach of Trust” – a program which exposed the Giraffe Childcare and Early Learning Centre as one of three crèches at which children were mistreated. Emilie´s parents reacted to seeing one of their daughter´s carers screaming at children by withdrawing Emilie from the crèche.

Emilie´s father sought legal advice and – on behalf of his daughter – claimed compensation for psychological injuries at the crèche. In his legal action John Kiely claimed that Emilie had suffered psychological injuries such as stress, emotional upset and terror due to the mistreatment she had received at the Giraffe Childcare and Early Learning Centre.

The owners of the Giraffe Childcare and Early Learning Centre contested the allegations, but made an offer of settlement amounting to €15,000 without admission of liability. As the offer of settlement related to a claim made on behalf of a child, it had to be approved by a judge to ensure that it was in Emilie´s best interests before the offer could be accepted.

At the hearing before Judge James O´Donohue at the Circuit Civil Court in Dublin, James Kiely told the court that his daughter would cry “No crèche! No crèche!” before going to the childcare facility and was clearly distressed. Judge O´Donohue ruled that the proposed settlement of compensation for psychological injuries at a crèche was insufficient for the level of injury it was claimed that Emilie had suffered.

The judge said that it would be in Emilie´s best interests if the claim for compensation for psychological injuries at a crèche was heard by another judge at a full court hearing. Judge O´Donohue´s ruling will have implications for up to twenty-five other claims that have been made on behalf of children attending the crèches featured in the Prime Time documentary.

Pensioner Awarded Compensation for a Trip and Fall in Dunnes Stores

July 10th, 2015. By Compensation News.

A seventy-seven year old pensioner has been awarded €137,000 compensation for a trip and fall in Dunnes Stores at the High Court in Cork.

Bernadette O´Leary´s accident happened on 2nd July 2013 while she was shopping at her local Dunnes Store in Clonakilty in Cork. Bernadette was looking for a waterproof canopy in the store that would protect her stall from the rain at the weekly farmers market where she sold homemade cakes.

Bernadette found a gazebo in the store that she thought might be suitable and she asked a shop assistant whether or not the gazebo was waterproof. The shop assistant did not know, but said he would find out and asked Bernadette to follow him.

As Bernadette followed the shop assistant into the next aisle, she tripped over a fold-up deckchair that had been left on the floor waiting to be placed on a display shelf. Bernadette broke her hip when she fell and was taken to hospital by ambulance.

When she had recovered sufficiently to be allowed home, Bernadette made a claim for compensation for a trip and fall in Dunnes Stores – alleging that the fold-up deckchair left in the aisle presented the risk of a trip and fall injury and was contrary to Dunnes Stores´ own safety policy.

The company denied liability for Bernadette´s broken hip and argued that she was not entitled to compensation for a trip and fall in Dunnes Store because she should have taken more care when she entered the aisle and looked where she was going.

Because of the denial of liability, the Injuries Board was unable to assess Bernadette´s claim, and she was issue with an “Authorisation” to pursue compensation for a trip and fall in Dunnes Store in court. The case was heard at the High Court in Cork this week by Mr Justice Henry Abbot

Judge Abbot was shown a CCTV video of Bernadette´s accident and agreed with Bernadette´s counsel, who said “the defendant had invited the plaintiff into the path of a hazard on which she fell and was injured”. The judge found in Bernadette´s favour and awarded her €137,000 compensation for a trip and fall in Dunnes Stores.


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