The compo thread


#303

I made the exact same point on the previous page to this. The Judges are in cahoots with their former colleagues in legal firms and are awarding large payouts to try and undermine the Injuries Assessment board.
It’s so apparent and yet so disgusting the way they are operating. And yet our Dail is doing nothing about it…probably because the benches on all sides of the house have so many solicitors and barristers in place too.
It’s a racket plain and simple


#304

This on will be back again…

Woman loses €60,000 claim over go-kart crash buttock injury
Beautician Alicia Mikielewska (26) told court friends feared she was dead after incident
irishtimes.com/news/crime-a … -1.3460673


#305

#306

irishtimes.com/news/crime-a … -1.3468355

Delivery man injured when mattress lifted by wind awarded €380,000

grrr


#307

€380k!!! Thats in GUBU territory.
Obscene


#308

Outrageous and unbelievable. €38k would have been too much. Completely immoral.


#309

I don’t know what to call this
rte.ie/news/courts/2018/042 … sa-siatka/


#310

Constitutional crisis.


#311

A waster and a chancer - welcome to Welfare Ireland…

independent.ie/irish-news/c … 43940.html

*A 39-year-old jobless man has withdrawn a €60,000 damages claim arising from a road traffic accident after a judge told him to stop “ducking and diving” when questioned about previous accidents.

Judge Terence O’Sullivan had told Paul Gorman, of Owensilla, Ballymun, Dublin, he would have to bring an end to the trial very quickly if he did not give answers to questions he was being asked.

Barrister Conor Kearney had been persistent in a cross-examination of Gorman about claims he had brought previously and had not disclosed in a questionnaire regarding previous accidents.

“Accident is my middle name,” Gorman told the Circuit Civil Court Wednesday but added that despite** having suffered breakages to every bone in his body,** he had not always made claims or taken claims to court.*


#312

irishtimes.com/news/crime-a … -1.3481425

Will we ever see people prosecuted for false claims??


#313

With a name like McDonagh? Not a chance - sure they’re our very own put-upon ethnic minority.

Their address is given as Innishmere Gardens, Coalisland. A few seconds on Google and you discover the caliber of the people you are dealing with. Utterly despicable - this excuse for a “culture” is completely out of control…and there are many more stories online detailing the exploits of this charming “extended” family. God help anyone who has to live anywhere near them.

tyronetimes.co.uk/news/torm … -1-3868347
*A COALISLAND man who threatened to “steal” his children from his estranged wife has been jailed for seven months. East Tyrone Magistrate’s Court heard how a social worker received a number of calls from the defendant, 32-year-old Thomas McDonagh with addresses at Innishmore Park in Coalisland and Mill Race in Belfast, saying that he would steal his children at the next opportunity between February 6 and 18. In other calls to the same social worker he warned that he would break his wife’s windows and that he would be “watching”.
*

belfasttelegraph.co.uk/news … 26693.html
*A fraudster who “exploited and manipulated” an elderly man with Alzheimer’s disease walked free from court after his 18-month jail term was suspended for three years. McDonagh, from Innishmore Gardens in Coalisland, Co Tyrone, pleaded guilty at Belfast Crown Court to eight counts of fraud by false representation on various dates between April 18 and August 1, 2008.
*

portadowntimes.co.uk/news/o … -1-1645665
A MEMBER of the travelling community who struck a police officer on the head had to be handcuffed after he tried to get back into a Portadown hotel. This was stated at Craigavon Magistrates Court on Friday, when the man, Thomas Christopher McDonagh, was fined 100 for the assault which took place on April 22. McDonagh, (21), whose address was given as 11 Innishmore Gardens, Coalisland, Dungannon, was also fined 100 for disorderly behaviour, 100 for resisting arrest, and 75 for possession of cannabis.

midulstermail.co.uk/news/cr … -1-5903591
*A Coalisland woman who assaulted a police officer while they attended an incident at her home has been fined by East Tyrone Magistrates Court. Helen McDonagh, of Innishmore Gardens, Coalisland was charged with assault on police following an incident on November 19 last.
*

dailyrecord.co.uk/news/loca … ed-2540298
Edward McDonagh (46), conned two elderly people out of nearly £3000 by pretending he was going to carry out work at their homes. McDonagh pleaded guilty to obtaining money by fraud by tricking the pensioners, at two different addresses, into paying him cash at their homes in Livingston in December 2011.
Livingston Sheriff Court heard that
* one of the victims was a 70-year-old man with mobility problems who lived alone.** Depute Fiscal Brent Bissett told the court that McDonagh – wearing a hard hat and a high visibility jacket – called at the man’s house the day before the pensioner was due to go into hospital to have a knee replacement operation.*

independent.ie/regionals/ar … 14397.html
A garda set upon by two prisoners in a patrol car was bitten on the thumb by one of them, Dundalk Court heard last week. Before Judge Hamill was Patrick McDonagh (33), 15 Inismore Gardens, Coalisland, Co. Tyrone who pleaded guilty to assault causing harm and violent disorder arising out of an incident which occurred in Castleblayney in 2002.


#314

What the actual fuck?? The problem for the hospital is they have drawn one of the most Plaintiff friendly judges in Cross. No doubt that any decision against the hospital will be appealed.

independent.ie/irish-news/c … 74646.html


#315

42K for a cut finger.

irishtimes.com/news/crime-a … -1.3482917


#316

Apparently, you now need “training” for walking up and down stairways while carrying things…

irishtimes.com/news/crime-a … -1.3490855
*An ESB employee who slipped and fell on stairs as he was collecting post has been awarded €110,000 damages by the High Court.

Ms Justice Bronagh O’Hanlon found Terence Morgan, who had worked with the ESB for about 38 years, did not get specific training in the task of collecting post, which he had performed over a number of years.

Mr Morgan hurt his shoulder in the fall, was out of work for more than four months and has been left with ongoing pain.

The judge took the view that a problem with the nosing on the steps, combined with wetness, caused Mr Morgan to slip and fall very heavily down a number of steps, causing a severe and continuous injury to his left shoudler.

While Mr Morgan had inadvertently carried parcels in both hands, the judge ruled that did not amount to contributory negligence on his part in view of the absence of specific training.

“This accident was reasonably forseeable and the ESB had given no specific training on collection and delivery of post,” the judge said.*


#317

XX XX XX XX XX XX XX XX XX XX XX XX


#318

I think this one is less outlandish than the pull quotes suggest. The sequence seems to have been:
Employee argues a design problem with the steps and the fact the the steps were left wet caused the fall.
ESB argues that the employee should be held partly responsible, and the award reduced, because he chose to use two hands to carry the parcels.
Judge decides employee cannot be penalised for using two hands to carry a parcels unless ESB can show that he was trained to do otherwise.


#320

No, but to continue the analogy, if they provide a knife that is faulty (like the stairs were found to be) and this causes you to cut yourself, they can’t argue that you should bear part of the responsibility for using the knife in a manner that they considered to be unsafe unless they instructed you in what they consider the safe alternative.

He’s not getting compensation because he wasn’t trained how to collect post. He’s getting compensation because he fell down stairs that were both faulty and wet. The employer tried to argue that the employee was carrying the post ‘the wrong way’ and therefore should share part of the blame and get a reduced award (not ‘no award’). The judge says you can’t rely on an argument that employees should carry post in a certain way unless you have trained them to do it that way. It seems reasonable enough in that context. Does anyone bringing stuff up or down their stairs at home always keep one hand free for the banister and only use one hand for carrying? If it’s not the norm in day to day life then the ESB shouldn’t be able to argue that it should be the norm in their workplace unless they have formally made it so.

Having said that, whether or not €110k is reasonable for slipping on faulty/wet stairs is a whole other question.


#321

Irish schools banning students from running in yard over accident fears
independent.ie/irish-news/n … 14726.html

Poor kids :frowning:

probably relates to cases like this however…

Judge dismisses €38k claim after child fell playing chase in school yard
independent.ie/irish-news/c … 89464.html


#322

medicalnegligenceie.com/new … egligence/


#323

Interesting to see what will happen when duty of candour for health professionals meets Ireland’s compo culture.