A. M. G. -v- M. H. & Ors [2006] IEHC 399 (15 December 2006)

A. M. G. -v- M. H. & Ors [2006] IEHC 399 (15 December 2006)

The fourth named defendant owed no duty of care to the plaintiff as there was no connection between the plaintiff and the Divine Word Missionaries, and the claim is statute barred as the plaintiff failed to provide sufficient evidence of legal disability to exempt him from the limitation period.

Citation
[2006] IEHC 399
Parties
Plaintiff: A. M. G; Defendant: M. H.; Defendant: D. C.; Defendant: C. M. O'C.; Defendant: Brian O'Reilly (and his successors Provincials of the Divine Word Missionaries); Defendant: The Fellows and the Board of Management of All Hallows College
Jurisdiction
Ireland
Judgment Date
15 December 2006
Procedural Posture
Personal Injury/negligence / Application to Dismiss Claim Against Fourth Named Defendant
Outcome
Claim dismissed as against the fourth named defendant
Legal Topics
Negligence, Duty of Care, Statute of Limitations, Delay in Proceedings
Tort Law Limitation Law Negligence Duty of Care Statute of Limitations Delay in Proceedings

Case Brief

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Parties

A. M. G

Plaintiff

M. H.

Defendant

D. C.

Defendant

C. M. O'C.

Defendant

Brian O'Reilly (and his successors Provincials of the Divine Word Missionaries)

Defendant

The Fellows and the Board of Management of All Hallows College

Defendant

Procedural Posture

Personal Injury/negligence / Application to Dismiss Claim Against Fourth Named Defendant

Legal Issues

  1. 1 Whether the fourth named defendant owed a duty of care to the plaintiff
  2. 2 Whether the plaintiff's claim is statute barred
  3. 3 Whether there was inordinate and inexcusable delay justifying dismissal

Ratio Decidendi

The fourth named defendant owed no duty of care to the plaintiff as there was no connection between the plaintiff and the Divine Word Missionaries, and the claim is statute barred as the plaintiff failed to provide sufficient evidence of legal disability to exempt him from the limitation period.

Court Disposition

Claim dismissed as against the fourth named defendant

Orders

  • Action dismissed against fourth named defendant