Archive for December, 2011

BT Worker Wins Mesothelioma Compensation Action

Posted on: December 8th, 2011

A judge at Bristol High Court has awarded an interim payment of compensation for mesothelioma to a BT Worker who had worked for the telecommunications giant for 27 years.

Frederick Vincent (76) from Torquay in Dorset was awarded the five-figure sum as an interim payment to provide him with the private care he requires immediately, pending a full settlement of BT worker mesothelioma compensation still to be determined.

The court heard how Frederick worked as an installation engineer for BT between 1962 and 1989 and regularly came into contact with asbestos while working in telephone exchanges in Devon where he had to drill through asbestos insulation boards to gain access to some telephone wires.

Frederick also explained that he had to work in close proximity to asbestos-lagged pipe work and his exposure to asbestos had been attributed to his developing mesothelioma cancer – a diagnosis he received on his fiftieth wedding anniversary earlier this year.

The judge found against BT for negligently exposing their employee to asbestos dust and awarded the interim payment of compensation for mesothelioma to the BT engineer. The money will enable Frederick to pay for private nursing care and equipment to help him through the final part of his illness, and also to purchase a car in order that Frederick´s wife – Jean – can drive him to medical appointments.

Update February 2012: Sadly, Frederick passed following his illness on 31st January.

Child Pedestrian Injury Compensation Claim Settled for 17,500 Euros

Posted on: December 7th, 2011

A 6 year old child, who was left with a permanent scar after being hit by a van in the street, has had his child pedestrian injury compensation claim settled for 17,500 Euros.

Warren Lavelle (6) of Tallaght, Dublin, was just three years old when he was run over by a van while playing in the street near his home. Warren sustained head injuries as a result of his accident which left him with a permanent scar.

The driver of the van, John Connors – also of Tallaght, Dublin – accepted responsibility for Warren´s injuries and, at Dublin´s Circuit Civil Court, Judge Jacqueline Linnane was told that a 17,500 Euros settlement for Warren´s child injury compensation claim had been agreed.

As is normal in the Republic of Ireland, all settlements for child injury compensation have to be approved by a judge before payment of compensation can be paid and, after reviewing the case, Judge Jacqueline Linnane approved the settlement.

Injury Claims Compensation for Slipping on Wet Surface in Shopping Centre

Posted on: December 6th, 2011

A woman, who sustained shoulder and hip injuries when slipping on the access bridge to a Leicestershire shopping centre, has secured injury claims compensation for slipping on a wet surface in a shopping centre.

Gweneth Bowler from Quorn in Leicestershire was at the Highcross Shopping Centre in Leicester with her daughter when the accident occurred in January 2011. The 64-year old grandmother was walking under a covered walkway which connects the shopping centre car park with the stores, when she slipped on a wet surface and fractured her rights shoulder and hip in the fall.

While recuperating from her injuries, Gweneth contacted Leicester City Council about the hazard, prompting the council to initiate a health and safety inspection. The inspection showed several places where the owners of the shopping centre – Hammerson PLC – were failing in their health and safety obligations including a lack of cleaning to prevent the floor surface of the walkway from becoming slippery in bad weather.

After taking legal advicel, Gweneth filed a claim for slips, trips and falls compensation against Hammerson PLC and, with negligence by the owners already established, the claim was quickly resolved for an undisclosed sum.

Broken Nose Accident Claim Settled for Wedding Guest

Posted on: December 3rd, 2011

A wedding guest, who suffered a broken nose when an automatic door at the hotel reception closed on her face, has settled her claim for broken nose accident compensation for an undisclosed figure.

Martina Fivey (41) picked up the injury while attending her sister’s wedding reception in February 2008. It was claimed in her compensation action against the hotel and Boon Edam Ireland Ltd – the company who fitted the doors at the hotel – that while she was waiting for her husband to join her, one of the doors had closed by itself, hitting her in the face and causing her to sustain a broken nose injury.

Martina, who had a history of nasal problems dating back to 2005, had to undergo surgery to have her nose put back into place and suffered seruis facial bruising due to both the accident and the subsequent operation. Judge Jacqueline Linnane at Dublin Circuit Civil Court heard that both defendants disputed Martina´s claim for broken nose compensation, but after hearing evidence from the claimant was told that the two sides had reached agreement on a broken nose compensation settlement and that the case could be struck out.

City Council Compensation for Footpath Fall

Posted on: December 3rd, 2011

Nathan Clarke of Ballymun, County Dublin,  won a case in the High Court that means  Dublin City Council pays city council compensation for football fall to the order of €40,000 over alleged failure to clean broken glass from a public foothpath outside his home.

The incident happened in 2001 when Nathan Clarke was seven years old and resulted in extensive injuries to his left hand that required surgery in Temple Street Children’s Hospital.

The city council compensation action was taken by Nathan’s father Joseph Clarke, who acted as next friend in the High Court case.

It was alleged in court that Dublin City Council had failed to carry out its statutory duty to keep the foot path clean and that the council was guilty of nuisance by allowing broken glass to accumulate on the pavement in an area used by children to play.

Baby Burn Injury Compensation Approved

Posted on: December 2nd, 2011

A child, whose foot was burned by a nurse attempting to carry out a blood test, was had a baby burn injury compensation settlement of 10,500 Euros approved in Dublin´s Circuit Civil Court.

Fabien Napierski (aged 4) of Kinlough, County Leitrim, was just four days of age when the accident occurred during a routine medical procedure at his home.

An unnamed nurse, who was preparing to take a blood sample, used hot water from a recently boiled kettle to heat the baby´s foot, burning him in the process.

Circuit Court President, Mr Justice Matthew Deery, was told that although the accident had occurred in 2007, the Health Service Executive had only just made an offer for burn injury compensation of 10,500 Euros.

The compensation settlement, which was made without admission of liability, was approved by the judge, who ordered that the funds be paid into court until Fabien reaches the age of eighteen.

Falling Shop Object Results in Compensation

Posted on: December 1st, 2011

A falling shop object in a shop has resulted in a €25,000 compensation award in the Circuit Civil Court.

Breeda Redican was injured in July 2009 when a tin of paint fell on her foot from a shelf at the Homebase store in Santry, County Dublin. The accident occurred when Redican requested help finding a specific type of paint from a sales assistant. The assistant pointed out the location of the paint but simply stood beside Redican while she attempted to left the can of paint.

Redican was unable to lift the heavy paint tin and it slipped and fell on her right foot.  Redican was wearing flip-flops and required stitching on her toe and she has suffered ongoing reduced mobility in her foot with some pain.

Homebase denied negligence but Judge Jacquline Linnane awarded €25,000 compensation.