Coffey v Kavanagh [2012] IESC 19 (07 March 2012)

Coffey v Kavanagh [2012] IESC 19 (07 March 2012)

The employer was negligent in failing to provide a safe workplace, but the employee, as manager, was 25% contributorily negligent due to her familiarity with the risks and her role in maintaining the area.

Citation
[2012] IESC 19
Parties
Plaintiff/respondent: Noeleen Coffey; Defendant/appellant: John Joseph Kavanagh trading as Kavanagh Art & Graphics
Jurisdiction
Ireland
Judgment Date
07 March 2012
Procedural Posture
Personal Injury Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed in part; damages reduced for contributory negligence
Legal Topics
Employer's Liability, Negligence, Contributory Negligence, Workplace Safety
Tort Law Employment Law Employer's Liability Negligence Contributory Negligence Workplace Safety

Case Brief

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Parties

Noeleen Coffey

Plaintiff/respondent

John Joseph Kavanagh trading as Kavanagh Art & Graphics

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the employer was negligent in failing to provide a safe place of work
  2. 2 Whether the employee was guilty of contributory negligence

Ratio Decidendi

The employer was negligent in failing to provide a safe workplace, but the employee, as manager, was 25% contributorily negligent due to her familiarity with the risks and her role in maintaining the area.

Court Disposition

Appeal allowed in part; damages reduced for contributory negligence

Orders

  • Respondent found 25% contributorily negligent
  • Damages reduced from €54,900.00 to €41,175.00