116 / 448
GAZETTE
APRIL /MAY 1996
Representation
Mr. J. O'Driscoll,
SC, Dr. John
O'Mahony, SC, and Mr. Jim
O'Mahony, BL, instructed by Brooks
& Co. Solicitors, represented the
plaintiff.
Mr. G. Tynan, SC, and Mr. J. Duggan,
BL, instructed by Mr. J. O'Callaghan
& Son, Solicitors, represented the
defendant.
Case John Casey -v- Tralee
Urban District Council
and Kerry County Council,
High Court, Geoghegan J.
Judgment: February 24, 1995
Basic Facts
and Issues
In July 1988, a three
year old boy playing
in an open public
playing area in Tralee, owned by the
Council and serving a housing estate,
broke bones in his right leg as a result
of being kicked by a horse grazing the
open space.
The placing of horses by settled
members of the travelling community
in open grass areas serving housing
estates had been a persistent problem
in this area in Tralee. Did the local
authorities owe any duty to the three
year old boy?
Decision Geoghegan J held that
having regard to the
obvious danger to young children,
there was a clear common law duty on
the Council to "take all reasonable
steps on an on-going basis to at least
minimise the problem".
The judge emphasised that every open
space need not be fenced off but it
may "have been practical and
desirable to do so", in a few places
where the problem was "particularly
bad". However, the judge considered
that there should have been "vigorous
and energetic monitoring and
identifying of the owners of the
horses" and efforts made to "pursue
those owners by way of threatened or
actual injunction proceedings".
Subsequent, to the the accident, a new
recording system had been introduced
which had significantly improved the
situation.
The Council had fallen down on its
common law duty by not addressing
the problem "with sufficient
seriousness" according to Geoghegan
J. Accordingly, judgment was entered
for the plaintiff.
Injuries
Although bones in the
child's right leg had been
broken, the injuries were not serious
and the child had made a full
recovery. [The injuries would have
been more serious had they been
suffered by an adult in the same
circumstances].
General damages were
awarded at £7,500.
Qu a n t um
Representation
Mr. J. O'Driscoll,
SC, Mr.
Gallagher, SC and Mr. M. O'Shea,
BL, instructed by Lyons & Galvin,
Solicitors represented the plaintiff.
Mr. L. Gaynor, SC, with Mr. H.
Downing, BL, instructed by Hudson
& Brown, Solicitors, represented the
defendants.
Case Brenda O'Donovan -v-
Douglas Development Ltd,
PJ Hegarty & Son Ltd & ors.
High Court, Barron J.
Judgment: October 7, 1994
Basic Facts
and Issues
Standard automatic
sliding doors operated
by sensors had been
installed at Douglas Shopping Centre,
Cork. On May 21, 1990, the day of the
opening of the shopping centre,
Brenda O'Donovan received a blow
to her face from one of the doors.
Was there a duty on the defendants
and did they fail in any lack of care
to her?
Decision On the opening day of
the shopping centre, the
date of the accident, the doors were
tested and found to be operating
normally. Apart from the plaintiff's
accident, there had been no other
complaints.
Evidence had been given that the
doors were installed in accordance
with and, in fact, better than existing
practice. The judge found that there
was no defect in the doors either in
their operation or design.
Certainly, circumstances could occur
which allowed the doors to close and
strike someone, but in the judge's
view, the safety features of the doors
were more than adequate so that
injury could not reasonably have been
anticipated. No evidence had been
adduced to show that any better
system had been adopted anywhere in
this jurisdiction or indeed elsewhere.
Barron J reiterated the dictum that
"those who owe duties of care are
not insurers".
The plaintiff was
seeking to impose that duty on the
defendants. No lack of care had
been demonstrated by the
defendants and the judge dismissed
the plaintiff's claim.
Ipjuries
No injuries were
considered in view of the
dismissal of the plaintiff's claim.
Representation
Mr. P. Sreenan,
SC, Mr. H.
Hickey, SC, and Mr. J. Lucey, BL,
instructed by Ernest J. Cantillon &
Co., Solicitors represented the
plaintiff.
Mr. E. Gleeson, SC, Mr. J.
O'Mahoney, BL, instructed by James
W. O'Donovan & Co, Solicitors
represented the first named defendant.
Mr. G. Tynan, SC, Mr. T. Heffeman,
BL, instructed by Richard
McGuinness & Co., Solicitors
represented the second named
defendant.
CLUB
Gillian Mac
100