Legal News

A PEDIGREE Boxer has cost her owners more than E35,000 in damages and legal costs. Jess, the family pet of Amanda McMahon and her former partner, Darren Anderson, of Forest Hills in Rathcoole, bit the hand of postman James Coll, Dublin Circuit Civil Court heard on this week. Barrister Karen Nolan said Mr Coll, aged 50, of Royal Meadows, Kilcock, Co Kildare, was left with a two-inch-long scar on his right hand index finger which sometimes now became numb while driving or in frost. She - told Judge Jacqueline Linnane that Mr Coll was a relief postman on the Rathcoole route and had not been issued by An Post with any warnings of dangerous dogs on the route. He had not been trained regarding mail drops through letterboxes at houses where there may be dangerous dogs. Judge Linnane awarded Mr Coll just under E22,000 in damages. She said he had fallen backwards after having been bitten and had struck his head on a concrete paving, also damaging one of his teeth. She awarded Mr Coll's Legal costs against Ms McMahon and Mr Anderson, as well as the Legal costs of An Post who were cleared of any liability for the incident. Costs are estimated at more than E13,000. Mr Coll told the court there was no back-flap or bristle draught excluder on the inside of the front door at the defendants home with the result that his hand slipped through more easily. The dog had snapped his finger as he pushed mail through into the hallway. He told Matthew Jolly, counsel for Ms McMahon and Mr Anderson, that there had been no barking or growling from the hallway before he pushed the post into the letterbox. Mr Coll also told Paul McKeon, counsel for An Post, he had never been given a training document warning postmen not to put their hands through letterboxes. Forensic engineer Alan Conlan told Judge Linnane the lack of a backplate or draught excluder on a letter box would have presented a significant hazard to postmen. The letter box now had a wire cage attached. Ms McMahon said Jess, a 30-inch-high pedigree Boxer, was a family pet but also a very good guard dog. "She was very vocal and would certainly let visitors know. she was in the hallway," she said. Mr Anderson was not called to give evidence. Mick Byrne, the regular postman on the Rathcoole route, said he was familiar with the dog and nine times out of 10 she would have ripped the letters out of his hand as he "carefully pushed them through." Judge Linnane said liability lay with Ms McMahon and Mr Anderson. She awarded Mr Coll E21,933 damages and directed the couple pay his costs and that of An Post who, she said, had no case to answer.  

John Glynn & Co recently settled a claim against Dublin City Council in relation to a personal injury claim.

John Glynn & Co recently settled a claim against a Building Company in relation to a personal injury claim. Brief history/description of the case:

John Glynn & Co recently settled a claim against the Health Service Executive in relation to a personal injury claim. Brief history/description of the case:

John Glynn & Co recently settled a claim against a business involved in entertainment, in relation to a personal injury claim. Brief history/description of the case:

The Venerable Matt Talbot (2 May 1856 – 7 June 1925) was an Irish ascetic who is revered by many Catholics for his piety, charity and mortification of the flesh. Though he has not been formally recognized as a Saint, American Catholics have listed him as a patron saint for alcoholics.

A personal injury action proceeding through the Court system may last many months or even years. However most personal injury cases never reach a Court room at all. Instead, they are successfully settled outside of it. The Defendant, though their solicitor, will offer an amount of money which if accepted should satisfy your claim; eliminating the need to appear in court. For what should I be compensated?

In Ireland all personal injury claims (with some exceptions) must be submitted to the Injuries Board. Click here for more information on the process.

Most people are concerned by the potential costs of court proceedings when making a personal injury claim. Generally, under the Courts system, ‘costs follow the event’ such that the wrongdoer pays the injured party’s costs of seeking compensation in addition to the compensation itself. This means that if you are successful in your case, the defendant has to pay all or most of your legal expenses in addition to your compensation award. The defendant will pay for the solicitors’ professional fees, engineer’s fees, medical report fees, other expert report fees. However there are instances where a shortfall occurs between what the defendant is ordered to pay and the actual costs incurred by the Plaintiff.  In such circumstances, the Plaintiff will be responsible for these fees, usually paid out of any compensation award. Some costs are not routinely covered, and these include a portion of the witnesses’ fees, and in particular, expert witnesses’ fees. You will likely have to pay these sums out of your compensation award, or otherwise out of your own pocket. This includes the initial application fee to the Injuries Board. However, it is important to realize that most personal injury cases never reach court at all. Instead, they are successfully settled outside of court.

A DRUNKEN driver has received a two year road ban from Tallaght Court. Bernadette Brazil, aged 35 with an address at Gort Uaine, Clogherhead, County Louth pleaded guilty to drink driving at the Tallaght Bypass on May 27 2012.Presenting Sergeant Carmel Henry told Judge John Lindsay that Brazil had been arrested on suspicion of drunk driving.  She said Brazil’s breath level had been 60mg/100ml.  Sgt Henry said Brazil had one previous conviction for drunken driving from 2005.  Judge Lindsay fine Brazil and disqualified her from driving for two years.