O'Flynn -v- Cherry Hill Inns Ltd Trading As The Oliver Plunkett Bar [2017] IECA 211 (21 July 2017)

O'Flynn -v- Cherry Hill Inns Ltd Trading As The Oliver Plunkett Bar [2017] IECA 211 (21 July 2017)

There was no evidential basis for the High Court’s finding of negligence or breach of duty by the defendant; the door’s closing speed was within accepted standards and no expert evidence established that a longer closing time was required. The plaintiff’s injury resulted from her own actions, and no liability attached to the defendant.

Citation
[2017] IECA 211
Parties
Plaintiff/respondent: Saundra O’Flynn; Defendant/appellant: Cherry Hill Inns Limited trading as The Oliver Plunkett Bar
Jurisdiction
Ireland
Judgment Date
21 July 2017
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Negligence, Duty of Care, Occupiers Liability Act 1995, Personal Injury, Contributory Negligence
Tort Law Occupiers' Liability Negligence Duty of Care Occupiers Liability Act 1995 Personal Injury Contributory Negligence

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Parties

Saundra O’Flynn

Plaintiff/respondent

Cherry Hill Inns Limited trading as The Oliver Plunkett Bar

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in setting the closing speed of the automatic door
  2. 2 Whether the defendant breached its duty of care under the Occupiers Liability Act 1995
  3. 3 Whether the plaintiff was guilty of contributory negligence

Ratio Decidendi

There was no evidential basis for the High Court’s finding of negligence or breach of duty by the defendant; the door’s closing speed was within accepted standards and no expert evidence established that a longer closing time was required. The plaintiff’s injury resulted from her own actions, and no liability attached to the defendant.

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • Finding of liability against defendant set aside
  • Award of €75,000 in damages to plaintiff set aside