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.”

€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.

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.

€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.

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.

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.

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.

Teh father of a new baby who had his employment terminated just 11 days after the birth of his new-born baby, while he was on paternity leave, has been awarded €2,461 in unfair dismissal compensation by the Workplace Relations Commission (WRC).

At a work meeting on 12 January 2017 the man, who was working as a horticulturalist was advised he was being made redundant – straight after his boss congratulated him on the birth of his new baby. His boss then asked to clear his desk of his things and leave immediately.

The man took a legal action for unfair dismissal and the Workplace Relations Commission (WRC) has upheld his claim and ordered his former employer to pay him a sum of €2,461 in wrongful dismissal compensation. WRC Adjudication Officer, Pat Brady has referred the employer’s conduct during the case as “seriously unacceptable”.

The unfair dismissal compensation amount awarded would have been much greater higher if the man had not found a new job so quickly. However as he was quick to find a new, better-paid, role it meant that his precious employer was not liable for as much compensation as may have been the case.

When appearing before the WRC, the man referred to the fact that any termination during on paternity leave is automatically found to be unfair as per section 20 of the Paternity Leave and Benefit Act, 2016. The employer remarked that he was not conscious of the fact that that as employee being absent on paternity leave was an issue and the business decision to make the man redundant was due to a  restructuring of his company.

Pat Brady, the WRC Adjudication Officer,  said that the employer in the case had adopted a negligent attitude to the Paternity Leave and Benefit Act.

Mr Brady stated: “Then, in circumstances which could scarcely have been more insensitive, he was given one day’s notice of a meeting at which his employment is terminated and he is told to leave the premises and not to return.”

He went on to say: “However, it is the total absence of any procedures which is of more concern; the lack of proper or any notice, the lack of a selection procedure or consideration of alternatives.”

Garda Barry Hennessy has been awarded €15,000 in workplace injury compensation after he suffered a thumb injury while on a house call in relation to a party at Clonard Village, Wexford town.

The Wexford-based garda commented to the court that, as a regular golfer, he now has to use painkilling medication in cold weather.

Garda Hennessy, who was appearing before a Garda Compensation hearing, remarked that to Mr Justice Michael Twomey that the injury he suffered does have any real negative affect on his life apart from a small degree of pain and stiffness.

Garda Hennessy (36) told the court that he attended the house in Clonard Village, Wexford, on June 2009 as music blaring from the house was disturbing locals.

Upon reaching the house he entered through the open front door. it was here that he found an individual lying on a sofa. A second person entered and started to roar and shout at the garda. He, Garda Hennessy, was jostled and struck in the face at this point. When he attempted to make an arrest his left thumb was pushed back and dislocated.

Garda Hennessy withdrew at this point and returned to the garda station. Another garda took him to Wexford Hospital. His thumb was treated for dislocation here. Follwoing this his thumb was in a cast for several week during which time Garda Hennessy was absent from work.

The Court was told by Garda Hennessy that “there is nothing I cannot now do with my thumb but when it involves lifting something or gripping something it can still be painful. I have had to take pain killers before playing golf”.

He went on to say that he had been told that he should have surgery to help the injury. Despite this he opted not to do this.

Garda Hennessy was awarded €15,000 Judge Twomey awarded who revealed in the announcement that Garda Hennessy had not been in receipt of physiotherapy or opted for the other measures that were available to him.

A eight-year-old boy who injured his finger as a toddler when he was using a bowling ball has settled his personal injury compensation action for €30,000 at the High Court.

The young boy, Kaylum Devitt now has a 2cm scar on his right hand index finger. The personal injury compensation claim was settled with a full denial of liability, the High Court was told.

Taking the legal action though Natalie Devitt, mother of Kaylum, of Buirg an Ri, Balgaddy, Lucan, Co Dublin, sued XL Bowl Limited operating as Superdome, Kennelsfort Road, Palmerstown, Dublin, due to the bowling alley accident that happened on March 18 2012.

it was alleged in the High Court that the young boy’s right index finger was l by a cut by bowling ball and he suffered a fracture to the finger which required a surgery.

There was a further allegation that was a failure to put in place the proper measure to ensure the safety of the child. It was claimed that the bowling ball was permitted to remain a danger or hazard at the bowling alley. Legal representatives for Mr Devitt also alleged that appropriate children’s equipment was not provided in order for the bowling alley to be made safe for young children.

XL Bowl refuted  the allegations were and said it would be stated in a court action that the toddler was not being adequately supervised when the accident occurred.

Philip Sheahan SC, acting on behalf of Kaylum Devitt, told the High Court the toddler was in the bowling alley with his family and that there may be two different accounts of what took place on the day and a claim that people were looking elsewhere at the time that the accident took place.

Mr Justice Anthony Barr, who reviewed the scar, said the personal injury settlement was for an adequate sum given the extent of the injuries suffered by the toddler.

The High Court has approved a birth injury compensation settlement of €65,000 for a boy, now aged eight years old. Dara Brennan allegedly experienced a facial injury during his delivery at the Coombe Hospital on November 12, 2009.

It is thought that Dara, Brayton Park, Kilcock, Co Kildare, suffered the injury to his face as a result of an attempted forceps delivery at the hospital.

To this day resultant scarring and two indentations on the right side of his face remain visible when he smiles.

Lorraine Brennan, acting on behalf of her son, took the compensation action against the Coombe Women and Infants University Hospital due to the alleged negligence Dara encountered during his birth.

Legal Counsel alleged that the incorrect use of forceps during the delivery inflicted the scars to right side of Dara Brennan’s face. Legal representatives for the boy claimed that there was an absence of the required level of care, competence, judgment and skill appropriate during the delivery of the boy.

It was argued that a more senior or experienced doctor in obstetrics should have attended the birth of Dara Brennan. Counsel for the Coombe Hospital denied these claims.

The High Court was advised by Dara’s legal team that liability was fully contested in the case. In addition, medical experts could not agree on the specific circumstances of the delivery.

Mr Justice Kevin Cross remarked, while approving the birth scarring compensation settlement said that it was as close to complete  compensation as possible for Dara Brennan.

A woman has been awarded €25,000 in damages in finger injury compensation following a accident involving on a water meter cover outside her Limerick home in 2012.

Kirdwin Johnson, aged 30 said that she is unable to properly extend her thumb since the accident. She was cleaning when she broke her wrist in the incident on August 4, 2012.

Ms Johnson advised Judge Gerald Keys that her foot became stuck and, as a result, she “fell back on my (her) arm”. The injured arm remained in a cast for a period of approximately six weeks.

Mr Jack Nicholas BL, representing Ms Johnson , asked her show the Court the extent her injury by extending both thumbs. Mr Nicholas also commented that: “The right thumb doesn’t extend as far back as the left thumb.”

The Court also heard that Ms Johnson has a detailed history submitting  personal injury claims in the Circuit Court.

When questioned the legal representatives of Limerick City County if she had seen the stopcock on the footpath before falling, she replied: “I have seen it but I never paid attention to it before.”

The orthopaedic consultant who treated Ms Johnson after the accident happened did not “make an issue” of the injured thumb in his official accident report. Ms Johnson stated that she she began to feel a “weakness in her thumbs” while attending her son’s graduation ceremony in 2015.

Ms Johnson’s ailments injuries were examined by Dr Jim Fehily on two occasions, once in September 2016 and another time in December 2017. Dr Fehily said that he felt, after the examination that Ms Johnson’s thumb injury was “unlikely” to be as a result of the accident with the water meter cover in 2012.

While no record of any other complaints about the stopcock/meter involved in the accident, Judge Keys remarked that there were no dates included on the original photographs of the water meter cover presented in court.

Judge Keys said: “I am not saying that this lady is making this up, but I have to be satisfied.” He added that the damaged water meter cover was “trap for anybody and anyone who walks by” and that “you can’t leave a situation like that unattended”.

Judge Keys ruled that he had “no choice but to conclude that the plaintiff succeeds” but was “not satisfied” Ms Johnson’s suffering was related to the fall in 2012.

He awarded Ms Johnson €25,000 in finger injury compensation.

The rates of rate of whiplash injuries suffered in Ireland is, at present, much higher  than in most other European countries according a recent report from the Personal Injuries Commission (PIC).

The PIC was set up in early 2017 to look into personal injury compensation claims with a particular focus on the increases in soft tissue and whiplash compensation claims.

Car insurance costs went up by a staggering 70% in the three-year duration between 2013-16. It is though that fraudulent compensation claims to blame for this surge.

However, the PIC is of the opinion that establishing up an independent medical panel to review whiplash injuries would negatively affect a claimant’s rights, so it is steering clear from approving such a move.

Instead, it calls for the establishment of a uniform approach for medical staff treating whiplash injuries. There is, currently, no one accreditation required or benchmark standard for a doctor who wishes to complete a medico-legal report on a personal injury compensation claim in Ireland.  The report says that medics should adopt a standardised approach to diagnosing, treating and reporting on soft tissue injuries, of which the vast majority are connected to whiplash.

It recommended the implementation of the Quebec Task Force Whiplash Associated Disorder grading scale by medical professionals reporting on relevant injuries. This scales is formulated based on the severity of symptoms and associated physical factor. It says “Training and accreditation in soft tissue reporting is agreed as being the best practice requirement for those wishing to complete relevant reports”.

The thinking is that a self-testing factor by the injured party should also be implemented to review compensation claims.

The PIC is chaired by Judge Mr Nicholas Kearns who urged insurance companies to release some background details on the incidence of whiplash injuries in Ireland. This would form a key element of the National Claims Information Database that is  currently being put together by the Central Bank of Ireland.

Mr Justice Kearns also claimed that such dissemination of information on whiplash injuries would be for the betterment of the personal injuries compensation environment in Ireland by fostering ‘an objective standard’ for reviewing whiplash injuries. He went on to say that reports, in future, will look at comparative systems and bench marking compensation award levels from around the world.

Judge Seán Ó Donnabháin judge issued a serious warning to a teenager accused of assault and breaking another youth’s jaw. The warning has lead to an order to pay €1,000 injury compensation.

When no offer of personal injury compensation was made at the court hearing last week, Judge Ó Donnabháin warned the accused that he should “wakey wakey” in terms of compensation.

The youth was back at court yesterday and there was €1,000 offered by way of compensation according to Dermot Sheehan, Legal Counsel for the defendant. Following this the judge adjourned sentencing to November 20 with the accused remanded on bail until that date.

The assault happened at Charleville Show on June 26, 2016 when one youth headbutted the victim on his jaw and left the scene. He, (the defendant) then approached the victim again and punched him on the same side of his face that received the initial blow. The victim suffered a serious jaw injury. In order to remedy the injuries inflicted, the victim had to have two plates and splints inserted into his jaw and he also lost some teeth.

The accused Mr Sheehan advised the Court, suffers from some health issues. Having read the report produced Judge Ó Donnabháin commented that: “He has not got health issues, he has behavioural issues.”

At the initial hearing last week, the judge ruled that it was unreasonable for the accused, who is not named as he is a juvenile, to come before Cork Circuit Criminal Court with no compensation offer ready.

Conor Bolger, aged 13, has been awarded €25,000 in personal injury compensation, for a Tayto Park fall that occurred on March 25 2012, following High Court approval for a proposed compensation settlement.

Mr Bolger, now 13 years old, of Briarfield Road, Kilbarrack, took the personal injury compensation action against Ashbourne Visitor Centre Ltd, Co Meath (trading as Tayto Park) through his father Brian Bolger. He underwent a surgical operation to insert pins in his lower arm to treat a fractured elbow, due the injuries he suffered in the fall.

The legal team acting on behalf of the Bolger family claimed that the tower where the accident occurred, one of the main children’s attractions in the Park in 2012, was overcrowded with people. It was also alleged that the ground surrounding the tower had insufficient protective wood mulch. They also argued that, as there was not an adequate system of safety inspections in place in the area, this went unnoticed by employees of Tayto Park, The added that if these inspections had been carried out Conor Bolger may have suffered less debilitating injuries.

Legal counsel for Ashbourne Visitor Centre (Tayto Park) David McGrath SC denied these allegations as, they believed, Mr Bolger “just fell” and there was no safety issue with the tower itself. The Bolger family, the court was told, were content with the proposed injury compensation settlement of €25,000.

The Tayto Park Fall compensation settlement was approved by High Court Justice Kevin Cross who stated that Mr Bolger’s scar, following the surgical procedure to insert pins, was not “too upsetting” and also commented that the boy would have suffered through being unable to play basketball for a period of time after the accident happened.

In September 2011, the jogger tripped who was running in Clondalkin, Dublin. As he turned into a caravan site, he tripped on a hole in the surface of a footpath. He fell to the ground, and as he put his hands up to protect himself, he fractured a knuckle on his right hand. He subsequently had to undergo surgery for and has since been left with a scar.

The man sought legal counsel, and as the caravan site is owned and managed by South Dublin County Council, he claimed compensation for a trip and fall injury on council land. The council disputed liability and argued the man-who also participated in boxing matches–had injured his knuckle in a fight.
The case went to the High Court due to the disagreement over liability. It was heard by Mr Justice Anthony Barr. During the hearing, it was disclosed that the man had been involved in a car accident the previous day in which he had suffered soft tissue injuries to his neck and back.

The defendants used this information to express doubts that the man would have gone jogging the day after an accident. They repeated their suspicion that the injury had been sustained in a boxing match, and was not a result of the fall on their land. However, a medical witness testified that the man was just trying to run off his soft tissue injury.

The judge accepted this evidence, and concluded this was a “credible explanation” for why the man had been jogging on the morning after a car accident. The judge awarded him €55,000 compensation for a trip and fall injury on council land. The judge had increased the award by €5,000 to account for the aggressive manner in which the council had pursued their argument the claim was fraudulent.

Judge Barr said in his closing remarks that the evidence suggested the plaintiff was injured in the manner in which he had claimed, on account of the evidence provided by the medical expect. He added there was no credible reason to suggest the jogger was making a fraudulent claim, and further stated that the jogger was entitled to the additional compensation for the upset caused to him by the nature of the unsuccessful defence put forward by South Dublin County Council.