Author Archives: Edward McGarr
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.
I left my heart in San Francisco
At common law there is and never was a property in a human body. In the UK it is possible, apparently for property to subsist in part of a human body that being, allegedly, a consequence of the provisions of Section 4 of the Theft Act 1968 in the UK, on the grounds set out in R v Kelly [1999] QB 621 where a judge stated:
Solicitors again!
Our profession has been getting a particularly bad press recently all of it deserved. The trouble is erupting even as far away as Los Angeles.
Arbitration: Whut’s dat?
So, not only do the lawyers become judges but they thereafter scandalize the world (the non-lawyer world anyway; lawyers know more than they can tell).
Personal Injury: Case History – Dunne v Lyons Enterprises Ltd
There were crumbs and flour on the ground. She slipped on this and twisted her back in trying to maintain her balance.
Shoplifting
The current Irish law on “shoplifting” is to be found in Section 8 of the Criminal Justice (Theft and Fraud Offences) Act 2001. The side note for the Section descriptively reads âMaking off without payingâ?.
I have in my hand a piece of paper
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.
Civil Liability in Ireland for Death
a right of action continues, on the death of the injured person, in favour of the dependents of the injured/deceased person.
Personal Injury: Case History – Fagan v Dublin Corporation IEHC
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.