Shake, Rattle & Roll
Vibration would not be readily seen, by workers, as a danger to health in the workplace. It is, and the injury can be serious.
It is generally agreed that skin disease is the commonest occupationally-caused disease.
For the Plaintiff, “fighting” did not require him to give evidence; the case was run purely on legal arguments. Although the judgement of the three-judge Court of Appeal was unanimous in his favour, the legal arguments were sufficiently cogent to defeat him in first instance (and to have attracted the Defendants’ lawyers to the course of action they took, in the first instance).
Litigation lawyers fight. If a lawyer is not generally fighting, he/she is not in litigation. Sometimes the lawyer is fighting for a plaintiff and sometimes the lawyer is fighting for the defendant.
Health Care Settings?
The Hospital argued that the pleadings in the action alleged a defect with, or in, a forceps used in the Hospital. It argued that a claim that a forceps was defective was not a medical negligence claim (“…the correctness or otherwise of the surgical procedure being carried out”), but was a defective product claim.
The Madoff Mess
Financial management is, reputedly, a highly regulated field. Whether that is so in Ireland is already in doubt. The Madoff Mess may show the truth of the situation. That aside, Ireland’s financial regulatory laws make provision for claims in civil law for breaches of certain duties imposed by statute. The facts of each case will determine if these are available to investors to recover their losses.
Personal Injury: Case History – Downes v G. O’Doherty & Sons Ltd.
While the Plaintiff was employed by the Defendant as a labourer, he lifted a bundle of timber onto his shoulder and suffered severe pain in his lower back. He was taken, in pain, to hospital where he remained for two weeks. He was diagnosed as having a slipped disc and eventually he had an operation which improved matters. He reached a condition in which he was compelled to discontinue working for the Defendant. He was unable to sit in a […]
Personal Injury: Case History – O’Donovan v John Hornibrook Ltd.
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.
Personal Injury: Case History – Luttrell v Gouldings Fertilisers (Cork) Ltd.
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.
Personal Injury: Case History – Conway v Burlington Industries (Ireland) Ltd.
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.