More personal injuries case dismissed as plaintiffs lacked "common sense"

So she has already forked out €20k to the legal profession and is now appealing this so will be handing over even more! As usual there is one side doing well out of this.
 
Ceist Beag said:
So she has already forked out €20k to the legal profession and is now appealing this so will be handing over even more! As usual there is one side doing well out of this.
Click to expand...
Somehow I would doubt this. I also very much doubt that "several other people contacted her about the same thing happening". If this was true it was negligent on her solicitor / counsel in getting affidavits from them or calling them as witnesses.

She should be forced to put up a portion of costs if she is to appeal as it highly unlikely to succeed.

Its cases like this that prevent genuine people with genuine injuries caused by negligence from taking cases

Congratulations to Tipperary CC for refusing to pay out the PIAB suggested award of €22k.
 
Last edited:
Just to add to, this case pretty much took up the entire Joe Duffy , Live line show yesterday. Duffy , exuding typical insincere empathy to one of the litigants who some how thought it was wise to go on National Radio seeking sympathy and attention, whilst the other one apparently in hiding. It was utterly appalling stuff and Joe Duffy appeared to be questioning the Judgement of a High Court judge.

There was one intriguing aspect to this case, early on in the bizzare discussion on live line , the litigant mentioned the first thing her solicitor did was to engage an Engineer to look at the offending swing, said Engineer reported "This is serious " , presumably this pricked up ears and the claim progressed.

It also transpired PIAB did make a determination on a smaller award (that in itself extraordinary) but the matter proceeded to the High Court.

Apparently an appeal is being considered, I can't confirm if it's an appeal of the Judgement or an appeal to the senses
 
As someone else here said she should have to put money up front if an appeal were to go ahead. Better still it shouldn't be allowed go ahead at all as it's so ridiculous. I hope the costs to her are huge and that she is made to pay.
 
rustbucket said:
I can’t fathom how the PIAB even awarded €22k.
Child’s swing….you adult…
Click to expand...



This is my understanding of how the Injuries Board works. (I checked the website and it's not clear.)

Their role is solely to assess the level of compensation for the injury.

They have no role in assessing the liability.

The Council can refuse to engage with PIAB. If they do accept PIAB's involvement, they must pay €600.

But allowing PIA to assess the injuries, does not mean the the Council is admitting liability.

If, for example, the award was €3k, the Council might have conceded it.

Brendan
 
Last edited:
Absolutely correct. The Injuries Board (BTW no longer called PIAB) just assesses the injury. Whether your broken ankle is caused by a drunken driver or by your own careless stupidity is irrelevant - they simply put a value on the pain and suffering element of the injury. It is then up to the parties to either agree liability or fight things out in court.
 
Shirazman said:
One interesting thing that she said was that she "had only initiated the action as she wanted the swing to be made safer
Click to expand...
Ah that aul chestnut. How many times do we hear 'It's not about the money, we just want to stop other people suffering ......'. They seldom mention what charity they would give the money to though.
 
You must log in or register to reply here.
Menu
Log in
Register