High Court Injury Compensation

A woman, who sustained severe injuries to her neck and back after her car was hit by a Coca Cola delivery truck, has been awarded 24 million dollars in compensation for accident caused by driver on mobile phone.

Vanice Chatman-­Wilson (37) of Corpus Christi, Texas, sustained the injuries in 2010 after her Ford Fusion was struck side on by the lorry driven by 30-year-old truck driver -Araceli Vanessa Cabral. Although Vanice underwent a lumbar operation in February 2011 for her injuries, doctors expect the nerve damage suffered in the accident to be permanent.

After seeking legal advice, Vanice made a claim for compensation against the company Araceli Vanessa Cabral was working for at the time of the accident – Coca Cola Enterprises – alleging that Cabral had been using her mobile phone at the time of the accident and was not paying due care and attention as a consequence.

Coca Cola claimed in their defence that they had a strict policy in respect of mobile phone use, and drivers were only allowed to use hands-free sets in their cabs. However, solicitors representing Vanice showed evidence that the policy was not enforced, and even brought Cabral to the stand to testify that she had never been informed of the risks of using a mobile phone when driving.

The jury at the hearing found in favour of Vanice and awarded her 24 million dollars in compensation for accident caused by driver on mobile phone – a message to Coca Cola and other large companies, according to Vanice´s solicitors, that they should introduce a no-mobile phone policy while operating a vehicle.

An Australian woman, who sustained serious spinal injuries after slipping on a chip that had been discarded close to the food counter of a local store, has had her slipped on food on shop floor claim for compensation upheld by the High Court in Sydney.

Kathryn Strong, an amputee who relies heavily on the aid of her crutches to walk, was passing the food counter of the Woolworths store at the Centro Taree Shopping Centre in New South Wales in September 2004, when she slipped on a greasy chip that had been left on the floor and fell heavily – sustaining serious spinal injuries.

Kathryn sued Woolworths in the New South Wales District Court for slipped on spilt food in supermarket compensation, claiming that their lack of reasonable care and failing to provide a safe thoroughfare had directly led to her injuries.

Kathryn won her slipped on food on shop floor claim and was awarded AU 580,299 dollars. However, the case was overturned on appeal by Woolworths on the grounds that Kathryn had not proven a lack of reasonable care and she was forced to take her claim to the High Court.

At the High Court in Sydney, the court´s judges ruled that “reasonable care” required Woolworths to inspect and remove slipping hazards at 20 minute intervals and, as Woolworths could not demonstrate that such a cleaning schedule was in place, “on the balance of probabilities” the store was liable for Kathryn´s injuries.

Re-instating the decision made at the New South Wales District Court, Kathryn was awarded AU 580,299 dollars plus costs in respect of her slipped on food on shop floor claim.

A teenage girl is to receive 700,000 Euros after the High Court in Dublin approved an offer of compensation for Erbs Palsy injury made by the consultant obstetrician from the hospital at which she was born.

Aoife James (14) from Douglas, Cork, has suffered the shoulder injury in her right side since she was born at the Cork Clinic, Cork, in 1998 and despite two operations to relocate her shoulder and years of physiotherapy Aoife is still unable to complete simple tasks such as washing herself or drying her hair.

Through her mother, Carol, Aoife claimed birth injury compensation against Patrick Kieran – the consultant obstetrician present at her birth – alleging that her right upper limb was severely functionally compromised due to negligence when she was born, and that her quality of life had suffered as a result.

Although the claim was denied, Ms Justice Mary Irvine at the High Court in Dublin heard that an offer of compensation for Erbs Palsy injury had been made without admission of liability and that the family was prepared to accept it. Approving the compensation settlement, Ms Justice Mary Irvine ordered that it be paid into court funds until Aoife turns eighteen.

A man, who is confined to a wheelchair after part of his skull was torn away when the blades of a toy helicopter hit him, has been awarded HK 8.8 million dollars (720,000 Pounds) in head injury compensation by the High Court in Hong Kong.

Law Kwok-Wah (48) was injured close to the Hong Kong Science Park in January 2008 when his long-time friend Chan Man-Kin lost control of the model helicopter he was flying. The helicopter, which weighs 6 kilograms and is capable of speeds up to 90Km/hour, fell close to where Law was watching and he was struck by one of the 1.5 metre helicopter blades.

Law was rushed to hospital where he underwent emergency brain surgery and, due to the helicopter accident, he is now semi-paralysed, confined to a wheelchair and suffers from frequent spasms. Law brought a skull injury compensation claim against his friend, as he has had to give up his job as a minibus driver and his family now relies on his wife´s income for financial support.

The High Court in Hong Kong heard testimony from Chan that he lost control of the helicopter because he had been distracted. The Court charged him with causing a personal injury and ordered him to pay Law head injury compensation amounting to HK 8.8 million dollars.

A widow, whose husband died due to the delay in treatment for a perforated bowel, has been awarded a compensation for wrongful death settlement of 500,000 Euros following the hospital´s acknowledgement that they were responsible for his loss of life.

Mr Justice John Quirke, sitting at Dublin´s High Court, heard how Barry Murphy (38) from Carrigaline in County Cork had been admitted to the South Infirmary–Victoria University Hospital in Cork on the morning of April 24th 2008 complaining of pains in his abdomen.

Barry, who was known to suffer from Crohn´s Disease, was diagnosed with a perforated bowel – a particular dangerous condition for somebody with his illness – however surgery was not scheduled until much later in the day.

Because of the delay, Barry suffered a septic shock – a condition where clots form in the small arteries, stopping the blood flow and preventing oxygen reaching the vital organs – and he was pronounced dead at 11.15pm on the same day.

Barry´s widow, Mary, made a hospital negligence claim for wrongful death, alleging that the hospital had failed to provide her husband with an adequate standard of care, failed to operate on him in a reasonable time frame and were ultimately responsible for his death.

Although the hospital initially refused to accept liability for Barry´s death, an investigation into the incident revealed that the delay in treating Barry´s perforated bowel could not be justified and that the South Infirmary–Victoria University Hospital was indeed responsible for his wrongful death.

However, due to the time that it had taken for the hospital to acknowledge their liability, Mary had suffered severe psychological damage. Diagnosed with Post Traumatic Stress Disorder, Mary´s life changed completely following her husband´s death.

At the High Court in Dublin, Mr Justice John Quirke heard that settlement of 500,000 Euros in compensation for wrongful death had been agreed between the two parties and, after an apology from the South Infirmary–Victoria University Hospital was read to the court, the judge formally approved the settlement.

A woman, who sustained arm and back injuries after being run over by a driver who subsequently left the scene of the accident, has been awarded 79,000 Euros in compensation in a claim against the MIB.

Siofra O´Loughlin (24) from Rolestown in Dublin brought the claim against the Motor Insurers´ Bureau Ireland after she was injured while playing with friends on the Dollymount Beach, Dublin. In her accident injury compensation claim Siofra alleged that she had slipped and fallen face down while trying to retrieve a ball, at which time a car had reversed over her arm – fracturing her humerus and grazing her back.

Both the police and an ambulance attended the scene and in Siofra´s report to the police, she stated that the driver of the car had stopped a short distance away, looked back at her, and then returned to his car and driven away. Despite receiving immediate medical treatment, Siofra had to later undergo surgery for her fractured humerus as the bone had failed to knit properly and, as Mr Justice Iarfhlaith O’Neill at the High Court in Dublin heard, Siofra still feels pain from the injury during inclement weather.

The Motor Insurers´ Bureau Ireland disputed Siofra´s claim against the MIB, alleging that she had initially told the police a different version of events. However, Mr Justice Iarfhlaith O’Neill heard evidence that Siofra was dazed and confused immediately after the accident happened and stated in court that he believed Siofra was an honest witness who had given a truthful account of what had happened to her.

The judge awarded Siofra 79,000 Euros compensation for her claim against the MIB, plus the costs of pursuing her action.

A High Court injury compensation claim concerning the wrongful death of Blanchardstown resident, Julie Hennessy, has been settled for 125,000 Euros shortly before it was scheduled to be heard.

Mr Justice John Quirke at the High Court in Dublin was informed by legal representatives of Julie´s parents that the settlement had been agreed with the insurers of Dr Hassan Al Bayyari – the physician accused in the High Court injury compensation claim of failing to diagnose the deep vein thrombosis which led to Julie´s death.

Julie´s parents – Ray and Angela Hennessy of Douglas, County Cork – had brought the action against Dr Bayyari of Castleknock, Dublin, claiming that their daughter had twice attended Dr Bayyari´s surgery in March 2007 complaining of a lower leg pain and other symptoms of deep vein thrombosis following a fall in a skiing accident.

Despite Julie herself raising the possibility of deep vein thrombosis, it was alleged that Dr Bayyari failed to acknowledge the symptoms or refer Julie to hospital for tests. Two days after her second visit to Dr Bayyari, Julie was discovered dead due to a pulmonary embolism which, according to the pathologist´s report, was caused by a clot formed due to the oral contraceptive prescribed by the doctor.

The statement read out to Mr Justice John Quirke at the High Court stated that the Hennessy´s claim for High Court injury compensation had been settled and that a letter of apology had also been received from Dr Bayyari.

Nathan Clarke of Ballymun, County Dublin,  won a case in the High Court that means  Dublin City Council pays compensation for football fall to the order of €40,000 over alleged failure to clean broken glass from a public foothpath outside his home.

The accident happened in 2001 when Nathan Clarke was seven years old and resulted in extensive injuries to his left hand that required surgery in Temple Street Children’s Hospital.

The action was taken by Nathan’s father Joseph Clarke, who acted as next friend in the High Court case.

It was claimed in court that Dublin City Council had failed to carry out its statutory duty to keep the foot path clean and that the council was guilty of nuisance by allowing broken glass to accumulate on the pavement in an area used by children to play.