Personal Injury Claim – Page 4 – Gary Matthews Solicitors

Case Study: Girl (5) awarded €55k after she fell and struck her head against wall in creche

A five-year-old girl, who will be scarred for life after she struck her head against a wall in a creche, was today awarded €55,000 damages in the Circuit Civil Court.

Barrister Robert Crowley told the court that Ruth Reilly had been left unattended at Giraffe Childcare Creche, Athlumney Wood, Johnstown, Navan, Co Meath, in October 2013 when she fell and struck her head.
Circuit Court President Mr. Justice Raymond Groarke heard that Ruth, who was two-years-old at the time, suffered a deep laceration and had been bleeding heavily.
The court was told an ambulance was called and after her wound was dressed on site, Ruth was taken to Our Lady of Lourdes Hospital, Drogheda, Co Louth, where it was stitched.

Judge Groarke, awarding Ruth €55,000 damages, said her scar was nasty and noticeable at a conversational distance.

He said that although he was not criticising the way the defendant had handled the case, in his view the €40,000 settlement offer did not meet the full value of the case.

Have you or someone you know been injured in an accident that was not your fault? Start your claim today with Gary Matthews Solicitors.

Book of Quantum review promised

Conor O’Brien, chief executive of the Injuries Board finally promises a review of the 2004 Book of Quantum!

Figures published in the Board’s 2015 Annual Overview show that nearly 34,000 new personal injury claims were submitted to theInjuries Board in 2015, representing a six per cent increase in new claims compared to 2014.

Conor O’Brien, chief executive of the Injuries Board, said: “, we are seeking to ensure c

Conor O'Brien CEO of Injuries Board. 30/3/2016 Picture by Fergal Phillips — Conor O’Brien CEO of Injuries Board. 30/3/2016
Picture by Fergal Phillipsontinued clarity around compensation values and an independent review of the Book of Quantum is underway for publication later this year”.

It should be noted that Gary Matthews Solicitors firmly believes that these Injury Board Assessments are hopelessly out of date. This is echoed in the recent judgement by Barton J in McGarry v McGarry & ors

[2015] IEHC 426where it was held that the PIAB Book of Quantum had not been kept updated (SINCE 2004!) to reflect awards of the courts. This is despite assurances being given by the Government at the time of the introduction of the PIAB Act in 2004 that the Book of Quantum would beupdated every three years.

Click on the link below and scroll down to the bottom of the Judgement and read paragraphs 117 & 118 to read the comments of Justice Barton. Click here.

We will keep you updated on progress of the Book of Quantum. If you are going through the Injuries Board process or someone you know ensure your contact us for a second opinion! Our team has over 25 years of experience in the most complex accident cases. We deal with all sorts of damage caused by even long and hard work. We want each customer to be compensated fairly. Where we provide advice to decline an award, it is based on 25 years’ experience of assessing the value of claims to achieve a more favourable outcome for our clients than the Injuries Board Assessment.

Teen awarded €25,000 over plastic in ice cream

A 15-YEAR-old student, who developed a food aversion after chewing on plastic shards while eating ice cream, has been awarded €25,000 damages.

The court heard that in November 2013, Jordan Dwyer and her mother Tara Dwyer bought a cardboard tub of Carte D’Or ice cream at the café section of Applegreen Filling Station on the Stillorgan Road in Dublin.
Barrister Eileen McAuley said Jordan, of Goatstown Close, Goatstown, Dublin, felt something crunchy while eating the ice cream.

Jordan, who was 13 years old at the time, found her mouth was bleeding and discovered a shard and a ball of plastic.
Circuit Court President Mr Justice Raymond Groarke heard Jordan was taken to Tallaght Hospital A&E, Dublin, complaining of pains in her mouth and stomach.

Through her mother Tara, Jordan sued Petrogas Group Ltd, with an address at Joyce Way, Parkwest, Dublin, and the ice cream manufacturer, Unilever Ireland Ltd, of Riverwalk, National Digital Park, Citywest Business Campus, Dublin, for negligence.
She claimed the filling station had failed to examine and inspect the original ice cream tub and alleged Unilever Ireland Ltd failed to have a proper system of quality control.
Ms McAuley said the defendants had made a €25,000 settlement offer and Judge Groarke approved it.

Saurya Cherfi, Irish Independent