A 23-year-old Ennis woman is counting the cost of taking on retail giant Dunnes Stores over a “nasty” finger injury caused by a broken Dolmio pasta sauce jar – and losing. This follows Judge Gerald Keys at Ennis Circuit Civil Court dismissing Maria McDonagh’s personal injury action against Dunnes Stores and ordering her to pay the retailer’s legal costs from her unsuccessful action. Judge Keys made his ruling, after finding Ms McDonagh’s injury was probably caused when picking up the glass debris of the Dolmio pasta sauce jar she let fall at the retailer’s Ennis store on February 4, 2014, and not, as Ms McDonagh claimed, sustained when picking up a broken or defective jar of Dolmio from the shelf. Judge Keys said, “It is more probable that the injury was inflicted when she handled the debris of the glass when it hit the floor. The plaintiff has not discharged the onus of proof and can’t succeed. It was a nasty …
Read More »Traumatised taxi-driver awarded €19,000
A Cratloe businessman has been ordered to pay €19,000 to a 67-year-old taxi driver as a result of the trauma the taxi driver suffered when the businessman came at him with a hatchet in a row over a fare. At Ennis Circuit Civil Court, Judge Gerald Keys described the actions of company director John Moran as “completely over the top, unjustified and wrong” in brandishing the hatchet against John Moloney outside his Cratloe home on November 3, 2013. Judge Keys said Mr Moran “was in a state of rage, because he felt that he had been ripped off by Mr Moloney, and whether he was or not is irrelevant because it doesn’t justify someone having a row with a taxi-driver over a fare of €31 and producing a hatchet”. Judge Keys added: “To react and challenge someone with a hatchet is totally disproportionate.” Judge Keys also awarded costs against Mr Moran of The Island, Cratloe in the case. The court …
Read More »