What does a fire brigade, a ditch, and a playground have in common?
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Answer
Three dismissed Plaintiff personal injury claims and the RDJ defence Litigation department.
The below is a brief outline of the claims involved and their outcomes. A positive and welcome update for Insurers and Defence litigators alike in the Irish Jurisdiction.
Fire Brigade
Re: D. O’Reilly -v- Cork City Council Record No: 2019/01011
Jurisdiction: High Court on Circuit 21-22/10/2024.
The Plaintiff in this claim alleged that on the 9th of August 2017 on a public highway at or near the junction near Barnavarana Hill in the County of Cork, a fire tender (truck) the property of the Defendant, while being driven by its servants or agents was caused, suffered and or / permitted to collide with the right hand side of the motor vehicle within which the Plaintiff was then travelling, thereby causing the Plaintiff to suffer and continue to suffer personal injury loss and damage.
The fire brigade in question it was contended was on route to a fatal collision when this incident occurred. At point of impact, the fire brigade was travelling in the center of the road with traffic pulled in to its left. When the tender went to drive past the Plaintiff’s vehicle the Plaintiff proceeded to turn right to enter the housing estate in front of the tender. The Plaintiff’s claim was that he was turning right in to the estate that he had his indicator on and did not hear or see the fire brigade coming down the road behind his vehicle.
Judge O’Donohoe in the Circuit Court dismissed the Plaintiff’s claim on the 29th of March 2023. A counterclaim had been pursued on behalf of the Defendant for damage sustained to the fire tender. Judge O’Donohoe in the Circuit Court awarded the sum of the counterclaim to the Defendant in the sum of €11,280.22 plus costs on the District Court scale for the counterclaim.
Ms. Justice O’Regan on appeal dismissed the Plaintiff’s claim. The Defendant’s counterclaim for the sum of €11,280.00 was allowed. The Defendant applied for their costs of the Circuit Court and High Court. Justice O’Regan indicated that where the Plaintiff succeeded on their Appeal in terms of Section 36 (Fire services act 1981) immunity, that 50% costs of the costs were awarded to the Defendant on the Circuit Court and on the High Court Appeal, full costs were awarded to the Defendant on its counterclaim.
A Ditch
Kelleher O'Sullivan -v- Cork City Council Record No: 2022/00149
Jurisdiction: High court Appeal 23 October 2024
Ms. Justice O’Regan upheld the decision of the Circuit Court where this personal injury claim had been dismissed by Judge O’Malley on the 1st of March 2024.
The Plaintiff in this case had alleged that on the 15th of September 2020 she was lawfully walking on the public roadway in Blarney in the County of Cork, when as a result of an oncoming motor vehicle, she was caused to step onto the grass verge on the edge of the public highway, when suddenly and without warning, she stepped into a hole relating to the road drainage system that was camouflaged by grass, causing her to use her balance and fall and as a result, the Plaintiff suffered and continued to suffer severe personal injuries, loss and damage.
In the High Court on Circuit on the 23rd of October 2024 Justice O’Regan upheld the decision of the Circuit Court where this Plaintiff’s personal injury claim had been dismissed. It was noted that the Plaintiff was not looking where she was going, she was watching the traffic. That she was walking on the grass verge for her own convenience, that she should have stepped out again when the traffic had passed. She was not keeping a proper lookout for her own safety. It was indicated that the road drainage system at the locus was a standard feature, that the Plaintiff was the author or her own misfortune. The Plaintiff’s claim was dismissed. The Defendant applied for costs and the Plaintiff’s Counsel sought to object to this application. It was noted the Plaintiff had lost her case in the Circuit Court with costs awarded against her and that thereafter she took on the risk when appealing the case. Costs were awarded against the Plaintiff to be taxed in default of agreement.
A Playground
J. S. A minor -v- Cork City Council Record No: 2022/00107
Jurisdiction: circuit court 25/10/24
It is pleaded that the Plaintiff was playing on the "umbrella" apparatus in the public park on the 25th of March 2019 when he was caused to be thrown from said apparatus and as a consequence suffered personal injury. At the time of the alleged incident the Plaintiff would have been 12 years of age.
This matter was heard in the Cork Circuit Court on the 25th of March 2024 before Judge Berkeley. In giving Judgment, the Judge noted the was Plaintiff was 11 nearly 12 years old at the time of the accident and that the Plaintiff in giving his evidence painted an image of a young man flying around on this apparatus. In the Judge’s view, how the Plaintiff alleged the incident occurred did not appear to be supported by evidence of the Engineers. It was noted that the apparatus was in compliance with Irish and European Standards. The Judge was not satisfied that the Plaintiff had stated his case. The Plaintiffs claim was dismissed. The Defence applied for costs on behalf of Cork City Council. The Plaintiff’s Barrister resisted this application. The Judge directed that the Plaintiff’s case be dismissed, with a Stay on the order for costs to the Defendant but that in the event of an appeal, the costs were awarded to the Defendant.