High Court Judgement
The court found that as a matter of probability, a defendant will be afforded a fair trial in summary proceedings in the District Court while represented solely by a solicitor.
The Plaintiff, aged 42, was a felt roofer working for the Defendant. He was burned near the elbow when some hot bitumen spilled on his arm. He was taken to hospital in severe pain. He was treated but eventually had to re-attend and was admitted for five weeks. The arm took a long time to heal.
The Plaintiff was a 57 year old labourer. He was engaged in his employment for the Defendant when he plunged his foot into sulphuric acid. The acid was in a pit. All of the bottom third of his leg went into the acid. He required skin grafts. The site of the graft was left with a scar. It got numb in cold weather and the leg got tired after a day’s work.
The Plaintiff was employed in the Defendant’s factory. There was a very large propane gas explosion and the Plaintiff was burned and his back was injured. His lip was perforated and he experienced a great deal of pain. He developed a phobia about fire.
This section is, of course, of immense benefit to a prosecutor. It permits the proof of two matters in one fell swoop, each of which, if required to be proved in some other fashion would generate multiple occasions or opportunities for the prosecutor to slip on the proverbial banana skin.
He tripped on linoleum which had been cut by workmen laying underfloor electric cables. They had not taped it back down or re-applied adhesives. The Plaintiff fell, injuring his wrist, knee and back. His back did not fully recover and he was unable to continue as a fireman. The court awarded him IR£75,217.
The High court enjoined the Oireachtas to URGENTLY revise the constituencies.
t is a shock therefore to review a hearing that was not only heard in private, but one of the parties was excluded from part of the proceedings.
The Judgment of the High Court is available HERE
7. PILL means “Public Interest Law & Litigation”. A person litigating such a public law issue, in the interest of all, should be awarded costs, and usually is.