A 39-year-old Co Meath woman, who experienced injuries in a fall in at Cappagh National Orthopaedic Hospital, has settled her personal injury compensation claim against the hospital.
In addition to this Justice Raymond Groarke stated that the woman, Mrs Morgan, was entitled to succeed in a personal injury claim and to have her name cleared of alleged fraud and dishonesty. Justice Groarke told the Court that the hospital had used a defence in which it had accused Joanne Shelly, of Birch Close, Johnstown Wood, Navan, of fraud.
Judge Groarke said the defence used by the Finglas hospital claimed that she placed her foot on defective tiling on a corridor floor and tripped on purpose so she could bring a fraudulent personal injury compensation claim.
Ms Morgan had slipped and fallen on the very same defective tiles many years previously and had been astonished and flabbergasted on this day in January 2014 to find the defect had never been addressed.
Forensic engineer David Brown said the vinyl tiles were attached to a two foot square shore cover on the corridor floor and a significant fracture on it should have been repaired.
The Judge said: “That is their defence and I am putting it as bluntly as the defendant would not put it. As she gets to it the inference I am being asked to draw is that Ms Morgan was a party to this fraud by pointing it out and that Ms Shelly managed to get her toe into it and fell. I find the defence to be outrageous and not supported by the evidence.”
Judge Groarke went on to say that not only was Ms Shelly entitled to succeed against the hospital, she was also entitled to have her name cleared in the manner he had described in court.
Barrister Darach MacNamara, counsel for Ms Shelly, told Judge Groarke today that following his ruling on liability in the case the proceedings had been settled and could be dismissed with an order for Ms Shelly’s legal costs.
Mr MacNamara told Judge Groarke today that following his ruling on liability in the case the proceedings had been settled and could be struck out with an order for Ms Shelly’s legal costs. It is believed the settlement was in the upper regions of the maximum €60,000 jurisdiction of the court.
Costs to be borne by the hospital are estimated to add another €35,000 to the bill.
Anna and John McArthur claimed they had been left with a pungent smell and contaminated land after the toxic kerosene was accidentally dumped into the wrong tank at their converted barn in Kent.
The driver accidentally filled an unconnected tank instead of a connected unit, causing 500 litres to leak into the home
They married couple launched a High Court bid against the delivery company because their home was devalued due to the smell and contamination of land since the 'nightmare' blunder occurred, and made a ‘personal injury’ claim as the pair were left suffering insomnia and headaches.
Mrs McArthur said it felt like living on a building site after the incident occurred: 'It was supposed to be our dream home and we had only been living there for a few months before this happened.
'We bought this as our dream home and it soon turned into a nightmare home in reality.'
The kerosene leak contaminated the couple’s land, including their front lawn, stream and the soil under the house.
Mrs McArthur, 57, said the delivery driver had clear instructions to fill the old, connected tank but failed to do this.
She recalled: 'For whatever reason, maybe the driver was in a hurry, when they delivered the kerosene they were supposed to do a basic check but obviously didn't do it.
'I arrived home and I could smell kerosene. I thought I just missed the oil delivery.
'I went to the tank behind the garage and there was no oil in there. I thought, 'Oh my god they have delivered it into the wrong tank'.'
The couple came to Claims Ireland for guidance in a true time of need and we happily provided them with the help they needed.
We work very closely with the number one oil spill response team in the UK and Ireland and our connection ensured a successful remediation was carried out, which was the first big step towards helping the couple get back to enjoying life in their dream home.
Since 2001, we have built up a great panel of solicitors, loss assessors and other experts in assisting with compensation claims, and now we’re looking to expand that panel. Our experts always aims to get members of the public the maximum compensation they deserve for incidents they have been involved in.
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