Personal Injury Compensation

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Car Accident Compensation Case Settled

March 22nd, 2020. By Compensation News.

A car accident compensation case that left a woman involved in a road traffic collision “partially incapacitated” has seen a settlement approved.

Fianna Fáil TD Niamh Smyth, aged 41, submitted the car accident compensation claim against another driver, Max Mulpeter, in relation to the accident that occurred in 2013. Ms Smythinfmred the Judge that she was left with “serious personal injuries” as a result of the crash and her car was written off.

Mr Mulpeter, a 26-year-old construction worker, Mr Mulpeter admitted full responsibility for the car crash that happened at Carrickboy, Co Longford, in November 2013.

Ms Smyth had been travelling along the main road in her car and had the right of way when the car crash occurred. In the crash she suffered facial scarring and a deep cut on the left side of her forehead. The cause of the crash was described as Mr Mulpeter pulling out too far while emerging from a secondary road.

The case was expected to go to a full trial but the Court was informed beforehand that a compensation settlement agreement had been possible. Due to this the issue was deemed settled and struck out by the High Court.

The precise figure in the compensation settlement was not made public initially and Ms Smyth said that stipulation of the settlement that the amount was to be confidential between the parties. Mr Mulpeter also opted to make no reference or comment in relation to the car accident compensation settlement.

However, the Irish Independent reported that Mr Mulpeter’s insurers, Asgard, cost in relation to the accident are around €184,000 – a figure which takes in to account third-party property damage and personal injury, Ms Smyth’s legal expenses and the insurance company’s legal and administrative costs.

Previously, Mr Mulpeter had been convicted of careless driving and fined €250 by the District Court. He now live in Australia .

Ms Smyth issued a statement on the car crash compensation action which said: “In my case, liability was accepted by the driver and his insurance company. He was convicted of careless driving.”

Accenture Asks Social Media Moderators to Sign Disclosure Agreements

January 26th, 2020. By Compensation News.

Accenture, a professional services company that provides external professional services around the world, has issued disclosure forms to new hires and existing staff  which state that they are completely aware that the content they must view as part of the duties may lead to them suffering from post-traumatic stress disorder (PTSD), according to reports in the US and the UK.

The Financial Time and The Verge have both revealed that the disclosure statement reads: “I understand the content I will be reviewing may be disturbing. It is possible that reviewing such content may impact my mental health, and it could even lead to post-traumatic stress disorder (PTSD).”

Accenture contractors are employed as outside moderators for social media sites. These moderators take over the tasks that include deleting any inappropriate content from the platform. In order to do so they must view and listen to disturbing posts of a violent or sexual in nature. A normal day’s work would involve these moderators looking over the inappropriate nature of objectionable materials and review disturbing images.

This step, to send out the disclosure statement, comes as Facebook is braced for legal actions taken by former content moderators that were initiated due to the PTSD they are experiencing as a result of the content they had to view. Legal actions have been initiated in California and Ireland.

Disclosure statements were sent out to Accenture employees in the United States and Europe to sign and return. Current staff members sent the disclosure statement in the form of an update. Accenture has three content moderation offices for Facebook in Europe based in Warsaw, Lisbon and Dublin. As these offices are located in the European Union they are subject to some of the stricest workplace safety rules possible.

The wording of form says that “no job is worth sacrificing my mental or emotional health” and that “this job is not for everyone” and suggests that people who are prone to mental health struggles due to work might not be a good match for Accenture. There is no provision made, in that statement, to say that Accenture is prepared to, as required by federal law in the US, make reasonable accommodations to individual who become disabled due to their job targets and tasks.

Facebook and Google, YouTube’s parent company have both shared public statements which say that they were not asked to approve or review Accenture’s new disclosure statement. They did say that they direct their professional service partners to have in place psychological support for content moderators.

Accenture included details of support services that are provided on the disclosure forms, such as a hotline and a wellness coach. These services are not provided by professional trained staff and Accenture included the line in the disclosure agreement that they “cannot diagnose or treat mental disorders”.

On the statement Accenture has said that the wellbeing of its contractors is is a “top priority” and went on to say that only new joiners were being asked to sign the forms, whereas present members of staff employees were being sent the form as an update. The statement said: “We regularly update the information we give our people to ensure that they have a clear understanding of the work they do”.

It is important that Social media moderators do not sign this statement until they consult with a lawyer familiar with with work injury law and employee rights.

Facebook Moderator Court Case Submitted in Dublin

December 4th, 2019. By Compensation News.

A Facebook moderator court case has been submitted in Dublin by a former external contractor for Facebook who was employed, by an agency, to review ‘extremely disturbing, graphic and violent content’ on a daily basis.

The man, 53-year-old Chris Gray is seeking compensation to the psychological injuries he claims he suffered from due to his work duties. Mr Gray today filed submitted his legal action to the High Court against the Irish subsidiary of Facebook and the agency he was employed by, CPL Solutions.

He alleges that he suffered psychologically injuries as a direct result of the “very disturbing” photographs and videos, including executions, lethal beatings, stonings, whippings, the abuse of children, animal torture and extreme sexual content” that he had to view during his time moderating Facebook content. An example of the content given is video of the large-scale and coordinated abuse and murder of the Rohingya people in Myanmar, massacres in the Middle East and the torture of migrants in Libya.

Facebook’s network of content moderators includes 15,000 individual based around the globe. This network must filter through all content published on the platform in order to remove inappropriate graphic content. They are expected to achieve a 98% accuracy rating in relation to making the correct decision.

Representing by Coleman Legal Partners, and supported by UK not-for-profit group Foxglove, Mr Gray claims he identified a “slow creep” which involved “personal and political views were becoming increasingly influenced by the insidious content he was required to view.”

Part of the suffering he experienced included trouble with sleeping resulting from the nature of what he had views as part of his working day and the pressure to make the correct decision regarding the suitability of the content for publication. He said he would often wake during the night “with a fright, concerned not by the content, but by whether or not he had marked it correctly during his shift”.

The lack of appropriate training was criticised as inadequate and compounded by the lack of support to help moderators deal with “what seemed like a relentless flow of extreme and graphic material”. Mr Gray said that he was unable to communicate his distress to his superiors due to he irrational mood, caused by viewing the content.

Lawyer Cori Crider, a director of Foxglove said: “In a few years’ time we are going to look back on these conditions and see them the way that we now see early unsafe factory work in a steel mill or a meat-packing plant in the early 20th century.”


CPL was unavailable for comment today but a spokeswoman for Facebook said that the social media giant are providing training and support but remain conscious of the fact that moderating “certain types of content can sometimes be difficult”. They are, she said, allowing for thorough training and full-time support to moderators along with technical solutions to restrict the amount of graphic material they must view.

Boy (2) Wins €22,000 Personal Injury Compensation after Pharmacy Accident

November 29th, 2019. By Compensation News.

Following an accident at a Dublin pharmacy, when he cut his eye off a shelf, a two year old boy has been awarded €22,000 personal injury compensation.

Ross Pickering of Merrion Park, South Hill Avenue, Blackrock, Co Dublin, had been at Bradley’s Chemist with his mother on 14th July, 2014, when the unfortunate accident took place, Judge John O’ Connor was informed.

Representing the young boy who sued through his mother Marie-Claire Greenan, Barrister Samantha Cruess- Callaghan informed the judge that Ross had been taken to the Emergency Department of Crumlin Hospital for medical attention following the accident.

Ms Cruess- Callaghan informed the Judge that medical team treating Ross for a laceration to his right upper eyelid, measuring approximately three centimetres. It had been cleaned by applying antiseptic and was found to be found to be only superficial. Two weeks later the child was checked once more to have his steri-strips removed, there was no bleeding or signs of infection to Ross’s injury at the time and the wound had rehabilitated well. She informed the court that the child’s mother was that if there had been any concerns nine months after the accident occurred, then Ross could seek advice from a specialist plastic surgeon.

During Ross’ one year-check a plastic and reconstructive surgeon noted that Ross had a scar measuring 1cm by 3mm above his right eye, slightly red in colour and visible from a close distance away. His opinion had been that the scar had was still immature and would go on healing in the next 18 months when it would turn white in colour.

The boy’s family was taking the action against Siofra Limited and L’oreal (Uk) Limited trading as La Roche Posay due to the injuries he sustained during the accident.

When the accident occurred at the pharmacy the child had bent down to pick something up from the floor . However, when he had stood up he caught the bottom of his right eye on a sharp item located on a La Roche Posay display shelf.

Ms Cruess- Callaghan told the court that she recommended the proposed child injury compensation settlement €22,000, saying that it was her belief that this figure represents the value of Ross’s legal action.

Judge O’ Connor said that he gave his approval for the compensation settlement offer from Siofra Limited and L’oreal (UK) Limited trading as La Roche Posay (third party).

€30,000 Sexual Harassment Compensation Award made to Catering Company Employee

October 16th, 2019. By Compensation News.

A facilities group has been ordered to pay €30,000 compensation to a female catering assistant who had her bottom touched by a chef/manager in a number of sexual harassment incidents involving the senior male member of staff.

Workplace Relations Commission (WRC) Adjudication Officer, Catherine Byrne, revealed in her ruling: “As an instance of sexual harassment, a pinch on the bottom may not be at the extreme end of the scale, but it is well within the definition of unwanted behaviour of a sexual nature. It was also at the end of a continuum of incidents including a punch in the ribs, being sniffed at, constant unwanted touching and making offensive sexual remarks about the complainant to her husband.”

The €30,000 award is the equivalent of 18 months income for the employee. The company supplies catering services at the offices of a government department.

The Polish worker filed an official complaint of sexual harassment in relation to the bottom pinch to her employer on the day the incident took place, February 1 2018.  The chef/manager denied the allegations and explained that he was holding a sanitiser bottle in his hand and that the bottle brushed up against the female.

After an official investigation by the employer the chef’s claims were accepted, along with his explanation of  other issues filed by the female worker and by the entire team in the group.

As part of her ruling, Byrne stated that she believed the catering assistant when she claimed that the chef/manager pinched her bottom. She commented: “It is my view that the effect of the sexual harassment suffered by the complainant was compounded by the failure of the respondent to give any credence to her evidence and I find that, of itself, this demonstrated a lack of respect for her. To compensate for this treatment, I decide that the respondent is to pay the complainant compensation of €30,000, which is equivalent to 18 months’ wages.”

Public Service Card Data Breach Could Result in Compensation Claims

September 4th, 2019. By Compensation News.

It appears probable that the State will face a number of compensation claims in the aftermath of revelations that the collection of data during the issuing of Public Services Cards (PSC) was not legal.

The Data Protection Commission (DPC) has released a report which ruled that the holding of information collected during the application process was not legal, in addition to the obligation on the general public to have the card in order to be in receipt of certain State services and benefits.

The card was first introduced in 2011 in order to help with the processing of social welfare payments. After this, it was required for a number of other services including first-time adult passport applicants, replacement of lost, stolen or unusable (due to condition) passports issued prior to January 2005, where the person is resident in the State, citizenship applications, driving test and driver licence appointments.

Already there have been a number of civil society groups who have said that they are considering filing a class-action style case. At the time that the card was introduced advocacy groups in including Digital Rights Ireland, the Irish Council for Civil Liberties, the UN’s special rapporteur on extreme poverty, Age Action objected to its introduction.

After the DPC investigation concluded, it was deemed that the operation of the PSC scheme does not adhere with the transparency obligations of the data protection acts due to the inadequate manner of information handed over, by Department of Social Welfare, to those who were having their data processed. The result of this is that he data stored on more than three million card holders must now be deleted and data processing by the Department, rather that the public body providing the service, must be ended. These tasks must be finished by a specified date or some enforcement measures may be sanctioned against those to blame.

In a statement about the investigation the DPC revealed “Ultimately, we were struck by the extent to which the scheme, as implemented in practice, is far-removed from its original concept.

“Whereas the scheme was conceived as one that would make it easier to access (and deliver) public services, with chip-and-pin type cards being used for actual card-based transactions, the true position is that no public sector body has invested in the technology capable of reading the chip that contains the encrypted elements of the Public Sector Identity dataset. Instead, the card has been reduced to a limited form of photo-ID, for which alternative uses have then had to be found.”

This does not mean that the PSC is no longer a relevant form of identification and it will still be valid for a range of specific services. Data Protection Commissioner Helen Dixon stated: “Any cards that have been issued, their validity is not in question by anything we’ve found in this report. They can continue to be used in the context of availing of free travel or availing of benefits that a person is claiming from the department.”

She added that this does not mean that it will be impossible, in future, to issue a single card, or possibly a national identity card that can be used for all interactions with the State.  She commented: “No, we’re not saying that at all. We’re saying that if that’s what’s intended or required, there isn’t a lawful basis [as currently set up]. It can’t be the case that a national identity card automatically offends EU charter fundamental rights or EU data protection law because they exist all around Europe. It is a possibility, by carefully laying down the lawful basis for such a card.”

Social Media Moderator Employees Entitled to Compensation as Rights Not Respected

August 20th, 2019. By Compensation News.

A BBC documentary has unveiled the working duties of social media moderators that results in psychological trauma and may lead to a barrage of social media moderator compensation awards.

The Storyville report spoke with Shawn Speaglem in relation to his time working as a Facebook content moderator. Shawn was employed by Cognizant, a third party contractor located in Florida. He (Shawn) advised the documentary makers, despite his non-disclosure agreement, about the traumatic video and picture material that he had to review in line with Facebook’s moderation policies and processes.

He commented: “One of my first videos that I remember looking at was two teenagers grabbing an iguana by the tail and they smashed it onto the pavement while a third person was recording it. And the iguana was screaming and the kids just would not stop until the iguana was just pasted on the ground. I’ve seen people put fireworks in a dog’s mouth and duct tape it shut. I’ve seen cannibalism videos, I’ve seen terrorism propaganda videos.”

Shawn described how he experienced massive stress, gained considerable weight and suffered from psychological injuries as a result of the material he was expected to moderate and the absence of any support from his company or Facebook. He said: “I felt like I was a zombie in my seat. It really gets to you because I don’t have that bystander syndrome where I’m OK just watching this suffering and not contributing any way to deter it.”

This is not the first time Facebook has been the subject of a documentary in relation to staff working conditions. In March this year a report titled The Internet’s Dirtiest Secrets: The Cleaners showed how staff based in the Philippines had to make themselves familiar with everything from terrorist logos to sex toys so that they could fulfill their daily moderation goals.

A legal action is expected to be submitted soon in Ireland, where the European Union headquarters of many social media platforms are based, in relation to their the working conditions of social media content moderators.

This is not the first legal action to be registered in relation to this issue.
Selena Scola, a former content moderator with Facebook in California, initiated a lawsuit against the social media giant in September 2018 as a result of the traumatic online content that she had to view and the lack of support provided to her. She claimed, as part of the action, that she began suffering from Post Traumatic Stress Disorder (PTSD) during the time that she was working with Facebook. Since she began her case, she has been joined in her action by two more former Facebook content moderators who had similar claims.

Ongoing and constant viewing of traumatic content is part of a moderator’s daily duties and can lead to psychological injury and traumatic mental impact. It can be a massive toll for an individual to take on board depending on what the content seen contained, what support they were given by their employer and what the level of output was expected to be carried out on a daily basis. The employer is legally obliged to have a duty of care to allow for a safe place of work, a safe system of work and to avoid unnecessary suffering being felt by their staff.

Anyone who believes that they may have experienced trauma as a result of their working duties should tend to after their own health and seek help as soon as they can. Following this it is important to get in touch with a knowledgeable solicitor to consider all legal options available.

Compensation for Creche Mistreatment following RTE Hyde & Seek Expose

July 25th, 2019. By Compensation News.

An RTÉ Investigates’ expose has revealed a number of significant shortcomings in the management and supervision of crèches are still prevalent despite a previous investigation highlighting creché mismanagement two years ago.

‘RTÉ Investigates’ sent in two undercover childcare workers to crèches managed by the Hyde and Seek chain and showed serious violations breaches of good practice and safety procedures. Despite 11 inspections being conducted by Tusla since September 2017, children in various facilities in Dublin belonging to the company were being ill-treated and left at serious risk in the event of fire.

Footage in the documentary showed babies being left in high chairs for lengthy periods of time, causing them to become highly traumatised and being left alone in a room with the door closed for misbehaving. There were also some concerns raised in relation to food quality, and staff to child ratios.

Some of the other serious issues encountered by the undercover reporters included:

  • Workers not being Garda vetted prior to taking up employment.
  • Babies being left to sleep on bouncers, despite Tusla warning against this practice in previous reviews.
  • Insufficient space being allowed between cots to allow staff to check sleeping babies

Child protection agency Tusla has committed to completing an investigation and taking the necessary action, up to and including criminal prosecutions and removing Hyde & Seek creches from the register so they can no longer do business. A statement released by the agency said: “We recognise and share the serious concerns the programme raises about the quality of care within these crèches, but more importantly the impact of concerning adult behaviours on children.”

A representative for the Hyde & Seek group said: “We know we need to work to rebuild, retain and enhance the trust our parents have in us. We have spoken to many of them in recent days and would urge others with concerns to contact us. We are available to talk to and meet parents at any time. We note that while the programme made criticisms of aspects of our service, it praised our childcare staff whose dedication, professionalism and kindness are central to the care we provide.”

The statement said that the RTE investigation that highlighted “some real issues for us and we will deal with them quickly” but that it “does not reflect who we are”. It committed to the group reviewing the matter and addressing all issues quickly.

This controversy comes less than three years following a tightening of the laws governing 4,500 childcare facilities following a previous RTÉ expose on the management of crechés called ‘A Breach of Trust’. The economically successful Hyde and Seek chain of crechés is family-run and consists of four crèches in the Dublin area.

Katherine Zappone, Minister for Children and Youth Affairs released a statement to say how saddened she was at the treatment of the children in the creches featured while Alan Farrell , Fine Gael TD and chair of the Oireachtas Committee on Children said: “I am absolutely appalled by the mistreatment of children and clear lack of standards revealed on Primetime’s investigation last night.”

He went on to say: “The disregard of fire safety, the prioritisation of staffing needs over children and the wanton disregard for child:adult ratios have deeply shocked the nation. The documentary revealed a complete failure to adhere to Tusla guidelines and instructions, poor management and unbelievable mishandling of children.”

It is likely that the Hyde and Seek group will now be facing a number of personal injury compensation actions from parents of the unfortunate children.

Man Injured in Car Accident Awarded €40,000 Road Traffic Accident Compensation

June 29th, 2019. By Compensation News.

A individual has been awarded just under €40,000 damages in the Circuit Civil Court in relation to a road traffic accident that happened as he had been driving to his place of work along the M50 on December 21 2015

The Court was informed that Kieran Brennan of Monastery Road, Clondalkin, Dublin 22, had come to a halt at the Northwood exit when he was struck from behind by a car driven by Dylan Duffy.

He informed his barrister, Fiona Pekaar that he had, initially, experienced shoulder and neck pain but this had soon improved. Brennan said he had been left with constant lower back pain that had stopped him from taking part in the same standard of active lifestyle he had previously, including being unable to train for and enter a similar amount of marathon running and soccer matches as he had before the accident took place.

Medical testimony was presented in court to indicate that Brennan had a pre-accident degenerative condition. However Judge Groarke said that that condition had not been an problem prior to the accident and he believed it had been caused by the M50 incident.

In delivering his ruling, the Judge stated that Mr Brennan had been suffering with a bulging disk in his back and although most medical reports had suggested this had not been due to the accident, he could not ignore the report. He said that it had clearly been one of the outcomes of the accident.

Legal counsel for the defendant pointed to the fact that Mr Brennan had taken part in the ‘Hell and Back’ obstacle course in Bray, Co Wicklow in October 2016 which was a difficult assault course involving various activities and obstacles to be tackled.

However, Judge Groarke said Mr Brennan still trains for and enters a number of marathons and plays soccer once a week and the court did not believe his level of physical activity was at the same level as it had been before the accident happened.

Judge Groarke said he was sympathetic to Mr Brennan and awarded him road traffic accident compensation of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy, however a stay was granted on his award on condition Mr Brennan was paid out  €20,000.

Cork Co & City Council hit for €15m in Personal Injury Compensation Payments made since 2016

May 23rd, 2019. By Compensation News.

The local authority bodies for Cork City and Cork County Councils have paid out personal injury compensation settlements to the tune of €15m for slips, trips and falls since 2016. Details uncovered through a Freedom of Information Act request has also shown that are many
slips, trips and falls compensation claims that have not yet been steeled by these bodies.

As of March 31, a sum of €1,144,594 in slips, trips and falls compensation claims has been paid out by Cork City Council for accidents that happened in public areas, including parks and public areas in council-owned residential estates. When compared alongside the same Jan 1-Mar 31 in the last recents years it paints a grim picture.

The figures were as follows:

  • €129,626 in 2018
  • €667,754 in 2017
  • €782,035 in 2016

At present there are 455 unfinished personal injury compensation claims as of March 31, 2019 on the books with Cork City Council. However, Cork County Council registered 230 uncompleted personal injury compensation claimed during the same time period of time.


Terry Shannon, Fianna Fáil’s Cork City Councillor, a former Lord Mayor of Cork, says that the unusually high level of claims are due to a lack of spending in the public realm over the last few years.

He stated: “It is a direct result of the decline of the condition of the public realm: potholes, cracked footpaths, and so on. The issue is getting worse and the amount paid each year is getting bigger, because we haven’t been able to fix long-standing issues, because national government hasn’t invested the money.”

In addition to this Mr Shannon said that Cork City Council has set aside €5m in 2019 to deal with possible slips, trips and falls compensation settlements.

Along with this budgetary measure the Council has also marked a separate €200,000 to “upgrade and repair footpaths that have fallen into bad condition and have been the subject of a number of liability claims”.

Clr. Shannon referred to this figure as inadequate and said that is will be “used to patch up areas that have been the result of multiple claims but, ultimately, it won’t go far enough to make a real difference.”

Council House Injury Compensation Award of €35,000 Girl Who Broke Ankle at Own Home

April 13th, 2019. By Compensation News.

€35,000 council house injury compensation has been awarded a 17-year-old Maria Collins who fractured her ankle when she fell over a pothole in her own backyard.

The compensation award was made against the owners of the property Dublin City Council. Maria’s mother, Caroline Collins, informed the court that previous complaints had been submitted to the council prior to the accident about the danger of the potholes in the backyard on the property.

Legal representative for Maria Collins, of Avila Park, Cappagh Drive, Finglas, Dublin Esther Earley, informed the Circuit Civil Court that the fall occurred just over 18 months ago when Maria aged 14. Ms Earley, appearing with Niamh O’Brien of O’Brien Murphy Solicitors, informed the court that the girl’s ankle twisted in a hole in the tarmacadam surface in the yard to the rear of the local authority home.

Ms Earley stated: “She (Maria) suffered a non-­displaced intra-articular fracture which has a higher risk of developing post-traumatic osteoarthritis.”

She went on to say that the girl had been rushed to Temple Street Children’s Hospital where she received treatment  from consultant orthopaedic surgeon Conor Hurson. X-rays indicated that a fracture of the right ankle bone had occurred. Maria waseen placed in a temporary backslab immobilising cast and further treatment was scheduled for her with to the fracture clinic.

Not long after this Maria had shortly had been moved from a temporary immobilising backslab to a full fibreglass case. This remained in place for five weeks, during which time Maria was prescribed with a course of paracetamol for pain relief.

Dublin City Council, Ms Earley informed the court, was not only the sole local authority responsible for the area. However as landlords for the development they had an inspection and maintenance duty in relation to the property.

Judge Groarke app­roved the settlement offer of €35,000  after he was advised that maria is unlikely to suffer post-traumatic osteoarthritis.

Gully Accident Compensation Damages Award to Five-year-old Boy

March 16th, 2019. By Compensation News.

A personal injury compensation award of €20,000 has been granted to a 5-year-old boy after he tripped and fell in a gully near his home in Dungloe, Co Donegal.

The young boy hit the ground and broke his arm in two places. He was only five-years old at the time that the incident took place. The accident took place near his home in Dungloe, Co Donegal on July 3rd, 2015.

The boy, taking the legal action through his mother and father, sued Donegal County Council at Letterkenny Circuit Civil Court for accident in a public place compensation.

Presiding Judge James O’Donoghue expressed the view that Irish Water should actually be body that holds the responsibility of maintain the integrity of the water service.

He commented: “I thought Irish water took over all that?”

However, Barrister Patricia McCallum, under the instructions of solicitor Cormac Hartnett, told the court that the safety of these gullies are still governed by Donegal County Council.

In the hearing at Letterkenny Circuit Civil Court, the boy’s mother and fathers were in attendance and told the Judge that their son, who is now 9-years-old, had made a perfect recovery from accident. Judge O’Donoghue gave his approval for the €20,000 gully accident compensation offer. He also awarded the expenses to the young boy’s legal representatives.

Pre-Birth Accident Injury Compensation of €45,000 Awarded to Child (4) for Shopping Trolley Collision

February 23rd, 2019. By Compensation News.

€45,000 compensation for personal injury resulting from an accident in a Tesco store when only at 20 weeks gestation in her mother’s womb as been awarded to a four-year-old child.

Legal Counsel for Siwan Stewart, barrister David K. McGrath told Judge Eoin Garavan in the Circuit Civil Court that the unborn baby girl, who is now just three months short of her fifth birthday, suffered injuries when her mother collided with her shopping trolley that came to a halt suddenly on a Tesco travelator.

Mr McGrath told the court that Siwan’s mother, Elaine Stewart, hit off her own shopping trolley when it stopped with no warning on the travelator in Tesco’s at the Bloomfield Shopping Centre, Lower George’s Street, Dun Laoghaire, Co Dublin, in February 2013.

Presiding Judge Garavan referred to the injury of an unborn child in a shopping accident as a unique case and one which he had not been aware of having previously come before the court.

Mr McGrath informed the judge  that when Siwan was born in May 2013 it was discovered that she was suffering from haemolytic disease of the newborn, a type of jaundice and had to be treated in a special unit for just under a week. A medical expert had linked Siwan’s condition to the travelator accident in Tesco’s.

After Ms Elaine Stewart, of Claremont Road, Sandymount, Dublin submitted the personal injury compensation action on her daughter’s behalf, the Tesco store made a settlement offer of €45,000 to Siwan.

In addition to this, the court was informed, Ms Stewart’s daughter Adelaide, who was three at the time and had fallen and injured her head on the travelator in the same incident, had been offered a settlement by Tescos of €28,000. Mr McGrath was recommending acceptance of both offers to the court. The girls’ mother had not made any claim against Tescos on her own behalf but only on behalf of her children.  Judge Garavan said the offers in both cases were very good and he approved both settlements.

€250k Personal Injury Compensation for Woman Severely Injured in Bus Accident

January 23rd, 2019. By Compensation News.

Shu Zhang, a 36-year-old woman who suffered a severe head injury when she was struck by a bus as she was crossing a street when the red light was displaying for pedestrians, has agreed to a personal injury compensation settlement of €250,000 in the High Court.

Ms Zhang, who can walk now but needs full time care, suffered the brain injury when a Bus Eireann bus struck her at Aston Quay Dublin in 2004. She took the legal action through her aunt Shao Ze.

She was knocked unconscious after she was flung in the air and landed on the ground near the back wheels of the bus. Following the incident Ms Zhang was in a coma for around eight or nine days.

Ms Zhang alleged that the driver made no effort to avoid the collision and also that the bus was being driven without any adequate regard for the presence and position of other vehicles or pedestrians. These were allegations that Bus Eireann denied.

Bus Eireann argued that the claimant walked out from the crowd suddenly and into the path of the bus despite the pedestrian light at the Aston Quay crossing being red.

Jerry Healy SC said Ms Zhang was 22 years of age when the accident occurred. He said another man who had crossed the road before the student made it across ahead of her when he heard the impact. Ms Zhang had come to Ireland in 2003 and was a student and a part time care assistant.

Mr Justice Kevin Cross explained to her family, who travelled from China to care for their daughter after the accident, that had the case gone to trial she may have lost and she could end up with nothing at all.

A number of eyewitnesses said that they had viewed the woman push her way past bystanders before stepping out onto the road. The Judge told Ms Zhang’s family that the eyewitnesses were prepared to testify and their possible evidence suggested that the claimant could lose the case.

€80k Personal Injury Compensation Awarded for Ankle Injury at Copper Face Jacks

December 6th, 2018. By Compensation News.

A Limerick man, Colin McNamara, has had a nightclub injury compensation settlement of €80,000 approved in relation to a legal action he pursued following at High Court following an accident that occurred at Dublin nightclub Copper Face Jacks.

Mr McNamara, who works as a bar manager, fractured his ankle in two places following a slip and fall on a wet floor slip at the disco on October 9, 2015. He was staying in Dublin to attend a Republic of Ireland soccer match at the Aviva Stadium.

Mr McNamara (36), who lives in Rathbane Co Limerick, submitted the personal injury compensation claim against Breanagh Catering Ltd and the owners of Copper Face Jacks due to the injuries he suffered at the venue. Mr McNamara informed the High Court that he slipped on a floor which was wet and treacherous to patrons on the evening. He said: “the wet floor caused me to slip and fall. I turned to walk but I ended up on the floor.”

Justice Michael Hanna was informed by Mr McNamara that security workers in attendance lifted him up from the ground and took him out to a back alley where another staff member looked at his leg and ankle before informing him that it was not broken. The security workers informed him that they could not call an ambulance. Mr McNamara advised Justice Hanna that he “hobbled away” from the nightclub before hailing a taxi in order to return to his hotel. As he (Mr McNamara) was still in a considerable amount of pain when he returned to Limerick, he went to hospital where he discovered that he had fractured his ankle in two different places. Mr McNamara underwent surgery and had his movement restricted in the aftermath as he had to use crutches. He was unable to work in his role as a bar manager for five months due to the surgery

Presiding Judge Justice Hanna told the Court that the correct figure of personal injury compensation was €80,000 along with an additional €7,116 ‘special damages’ to pay for medical and other expenses incurred by Mr McNamara.

€550,000 Brain Injury Compensation Settlement for Tram-Surfing Girl

October 22nd, 2018. By Compensation News.

A 20-year-old Dublin girl has been awarded €550,000 brain injury compensation in relation to an accident that occurred when she was ‘tram-surfing’.

In the legal action before the High Court, Ms Kelly had her settlement with Luas operators Veolia approved in relation to the accident which took place when she was 13-years-old.

Ms Kelly’s accident occurred at the Fatima Luas station on the Red Line in 2010 when, accompanied by a friend, she tried to jump on and hold onto the outside of Luas tram doors as it left the platform. Ms Kelly fell off the tram onto the tracks, striking her head on the ground. Her friends had to drag her out of the path of an approaching tram.

Ms Kelly, who recently gave birth to her first child, was legally represented by Bruce Antoniotti SC who told the High Court that the young lady admitted she was to blame for the accident and she confirmed she should not have been tram surfing. She went on to say that she knew that this was a very unsafe thing to do. The High Court was advised that Ms Kelly wished for no liability to be charged to the the Luas driver who was on duty at the time of the accident.

Via her mother Elizabeth Kelly, Ms Kelly (20) took the Luas injury compensation action against Veolia Transport Dublin Light Rail Ltd and Veolia Transport Ireland Ltd of St John Rogerson’s Quay, in relation to the accident that happened on September 3, 2010.

As part of the personal injury compensation action Ms Kelly claimed that there was a failure to have adequate visual systems implemented on the tram and that the driver had no clear vision of the non-platform side of the tram before leaving the station. The tram, it was claimed, left the platform without first observing the non-platform side of the tram.

Mr Justice Cross, in giving his approval to the Luas accident compensation settlement stated that Ms Kelly did not need to be informed that she had done something silly. However, he praised her for her honesty.

Rebecca’s sister Jennifer Kelly contacted 98FM’s Dublin earlier this week to say that Rebecca has become the victim of an online bullying campaign.

She said: “It’s unbelievable, the girl is afraid to leave her house. She has been getting threats and everything. Her Facebook has just been completely trolled. She hasn’t got a minute, to be completely honest. It is unbelievable the abuse she has gotten. The girl is constantly crying over this.”

Parliamentary Question Reveals Lengthening Delays for Violent Attack Compensation Hearings

September 11th, 2018. By Compensation News.

The response to a parliamentary question has shown that there is a lengthening backlog being experienced at the Criminal Injuries Compensation Tribunal, leaving those affected by serious violent assaults waiting years to be awarded personal injury compensation.

A parliamentary question submitted by Fianna Fáil TD John Curran prompted the release of these details and Mr Curran has now called for an immediate audit of the scheme to investigate what is causing the delays.

From 2012 to present just 597 payments were have been completed in relation to the 1,357 claims have been filed. In 2017 a total of just 31 compensation payments were completed of the 181 new cases that came before the Tribunal. By the end of May 2018 just 10 victims were completed out of the 73 new cases that were filed during that time period.

Mr Curran TD said of the startling new details: “Despite the fact that the number of cases which settle in a pay-out is declining year on year, there are lengthy delays in the Criminal Injuries Compensation Tribunal assisting victims of crime in Ireland. As it stands, should this year’s applications be managed in the very same poor manner it’s likely that just 24 cases will be settled in 2018.

The TD added: “Victims should expect that they will receive their compensation in a prompt manner and in accordance with constitutional justice. In correspondence I received, the Tribunal itself cited its limited resources and “economic constraints” as contributing factors in the slow process of claims and victims obtaining their due compensation. The Tribunal receives roughly €4 million in budget each year, but it is uncertain how this budget is set considering the number of, and types of cases varies year on year. A thorough review of the Criminal Injuries Compensation Tribunal must be carried out before next year’s figure of unsettled claims rises even more. This review could not come quick enough for very many victims of crime or their families.”

The full text of the statement by Mr Curran TD is available by clicking here.

 

 

 

Former Tipperary Hurler and Garda Awarded €1.16m Work Back Injury Compensation

August 3rd, 2018. By Compensation News.

A Garda Workplace injury compensation settlement of €1.16m has been approved by Minister for Finance Pascal Donohoe for Aidan FLanagan, a garda and former captain of the Tipperary county hurling team.

Mr Flanagan suffered injuries while he was working and in the process of making an arrest. This comes following a previous decision by Mr Justice Bernard Barton to award the 44-year-old Garda part compensation of  €175,000 general damages and €45,000 for loss of opportunity.

Judge Barton had adjourned ruling a final outcome while he was awaiting a review of ongoing settlement negotiations between Micheál Ó Scanaill, SC, counsel for the Minister and barrister Alan Keating, Garda Flanagan’s legal representative.

Mr Ó Scanaill, who was appearing in court with barrister Rebecca Graydon for the Minister, informed Judge Barton that a consent order for €1.16m, a figure which factors into account Mr Flanagan’s past and present loss of earnings and a number of other factors, could be issued in Garda Flanagan’s favour.

In Judge Barton’s previous ruling at the High Court, he made reference to the strong force of a blow that Garda Flanagan had been hit on the base of his back with and the traumatic consequences he experienced. He went on to say that Garda Flanagan had sustained the injury when he was just 30-years-old and had made a substantial €1.47m claim for general damages and recurring pecuniary losses.

The incident took place when Garda Flanagan had arrested a youth who was suspected of carrying out a shop burglary in which alcohol had been illegally taken. The youth had consumed a bottle of vodka and swallowed a quantity of tablets before he was arrested by the Garda.

When the youth was being placed in the back of a squad car as a restraint, a kick had been directed at the small of Garda Flanagan’s back,  Judge Barton told the court. He also referred to the serious and significant impact on Garda Flanagan’s physical and mental capacity due toof ongoing chronic pain he experienced. He also said he had felt he could no longer fulfil his role as a garda despite being refused the opportunity the chance to retire on health grounds.

Garda Flanagan was formerly captain of the Tipperary senior county side during the National Hurling League campaign in 1997.

Birth Injury Case Against Health Service Executive Settled for €17.2m

July 7th, 2018. By Compensation News.

A four-year-old disabled boy who sued in relation to the events that took place during birth has settled his High Court action against the Health Service Executive with a final lump sum payment of €15.5m.

The total amount being paid to the young boy, Charlie Enright, who has cerebral palsy and is physically disabled, is now €17.2.

President of the High Court Mr Justice Peter Kelly, approved the total award on Friday. It is thought to be the highest ever for a catastrophically injured person who sued over care at birth.

Charlie’s parents Caitriona and Anthony Enright, from Limerick, released a statement saying that they could now get on with their lives.

It read: “What Charlie lost in August 2013 is priceless. No amount of money can replace it. We are happy with the settlement.”

Mr Justice Kelly, as he was approving the settlement, praised the Enrights and said Charlie’s treatment was a ’family affair’ and the whole extended family had got together to care for “a remarkable boy.”

In 2016 Charlie Enright’s case against the HSE – arising out of his birth at the Midwestern Regional Maternity Hospital, Limerick – was settled with a first interim payment of €1.75m to cover his needs for two years.

Liability was  admitted early in the case, the court heard.

Charlie’s mother told the Court that in the last two years they have started to build a house specially adapted for Charlie beside the family home. She added that her son’s  physical ability had got much better and the difficulty for Charlie  was he was “locked in and communication is a big problem.”

Mrs Enright, who has taken a career break to care for her son, told the High Court that Charlie is starting at the local school in September.

Mrs Enright had been admitted to the hospital  at 37 weeks in to her pregnancy with Charlie on August 19, 2013. Physician took the decision to induce labour after several tests were completed.

In the birth injury compensation action, it was alleged in the events that followed there was a breach of duty with a failure to provide an acceptable standard of care during the labour and up to the time of Charlie’s birth.

 

10-Year-Old Girl Awarded €37,500 Takeaway Injury Compensation

July 2nd, 2018. By Compensation News.

A 10-year-old Wexford girl has been awarded €37,500 in personal injury compensation after she was burned by hot chocolate in a New Ross-based takeaway in 2014.

The girl, Kaya Caulfield, taking the compensation action via her mother Leann Kelly, of 21 Ard Mhicil, New Ross, sued Cillgarman Ltd, trading as O’Brien’s Sandwich Bar, South Street, New Ross. The Court was advised by Counsel Grainne Fahy, instructed by solicitor Martin Lawlor, that Leann Kelly had purchased the beverage for her daughter Kaya at O’Brien’s Sandwich Bar. Kaya, who was just six years old at the time, suffered burns when the hot chocolate spilled as she sat in her mother’s car.  Her legal counsel claimed that the spillage happened as the lid was not appropriately tightened on the hot chocolate cup.

Following the spillage Kaya was brought to the Care Doc and then referred to to Waterford Regional Hospital in Ardkeen. Medics decided to transfer the child to Our Lady’s Children’s Hospital in Crumlin where it was found that she had experience 2% superficial scalding to the medial aspect of both thighs. Kaya’s wounds were treated and she was an in-patient at the hospital for two days.

The Court was advised that the wounds had now healed and are no longer visible which is not usually the case with burns injuries such as those experienced by Kaya.

Judge Alice Doyle, approved the €37,500 child injury compensation settlement offer with €900 special damages plus costs had been made by Cillgarman Ltd’s insurance company.


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