Powney -v- Bovale Construction Ltd. & ors, [2017] IEHC 441 (2017)

Party Name:Powney, Bovale Construction Ltd. & ors
Docket Number:2012 9571 P
 
FREE EXCERPT

THE HIGH COURT[Record No. 2012/9571 P]

BETWEEN

KEVIN POWNEY PLAINTIFFAND

BOVALE DEVELOPMENTS, BARINA CONSTRUCTION LTD., MAYESTON HALL MANAGEMENT CO. LTD. AND FISHER PROPERTY MANAGEMENT LTD.DEFENDANTS

JUDGMENT of Ms. Justice Creedon delivered on the 7th day of July, 2017

Background

  1. The plaintiff was born on 31st December, 1986 and lives with his partner and children in Lusk, Co. Dublin. He is currently unemployed.

  2. The plaintiff brings these proceedings in negligence against the named defendants arising from an accident alleged to have occurred on 18th January, 2011 at Mayeston Square Apartment Complex , St. Margaret’s Road, Finglas, Dublin 11.

  3. At the time of the accident, the plaintiff was a visitor at the apartment complex within the meaning of the Occupiers’ Liability Act 1995.

    The Plaintiff’s Case

  4. The plaintiff gave evidence that on the date of the accident he was visiting his friend Lee Clinton at the complex. He stated that he visited the complex frequently, at least twice weekly over the preceding year and a half.

  5. He stated that he was carrying an empty fish tank through a common entrance doorway at the apartment complex accompanied by his friend Lee Clinton and partner Nadia Bell. He further stated that he was aware that the closing mechanism on the door was not functioning correctly and that Lee Clinton went ahead of him and put his foot against the door to keep it open as the plaintiff passed through. He stated that Mr. Clinton received a call on his mobile phone and took his foot from the door. The plaintiff stated that this caused the door to slam back against the fish tank causing the tank to break resulting in the injuries to the plaintiff.

  6. Photographs were provided to the Court of the door taken by the plaintiff on the 24th May, 2011 showing the broken closing mechanism

  7. Mr. Clinton in his evidence confirmed the circumstances of the accident as outlined by the plaintiff. He also gave evidence that the closing mechanism had been broken for a prolonged period of time prior to the accident and particularly, remembered it being an issue for him over Christmas. Ms. Bell was some distance behind and was not able to confirm the details of the circumstances of the accident. She did give evidence of attending the Emergency Department of Beaumont Hospital with the plaintiff after the accident.

  8. Agreed Medical Reports of Mr. Brian Kneafsey were provided to the Court.

  9. A joint inspection by Consulting Engineers was carried out on 17th December, 2015. At that time...

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