Armstrong v. Dwan & Sons Ltd. [1999] IEHC 215 (8th February, 1999)

Armstrong v. Dwan & Sons Ltd. [1999] IEHC 215 (8th February, 1999)

The second defendant negligently carried out defective welding on the crash bar, causing the plaintiff's injury. The first defendant was not in breach of duty, having reasonably relied on the second defendant's expertise. Liability rests solely with the second defendant.

Citation
[1999] IEHC 215
Parties
Plaintiff: Armstrong; First Defendant: William J Dwan & Sons Limited; Second Defendant: Westpark Motor Company Limited
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
Judgment for plaintiff against second defendant
Legal Topics
Employer's Liability, Negligence, Contributory Negligence, Indemnity and Contribution
Tort Employment Law Employer's Liability Negligence Contributory Negligence Indemnity and Contribution

Case Brief

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Parties

Armstrong

Plaintiff

William J Dwan & Sons Limited

First Defendant

Westpark Motor Company Limited

Second Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Whether the accident was caused by negligence of the second defendant
  2. 2 Whether the first defendant breached duty to the plaintiff
  3. 3 Whether the second defendant is liable for damages

Ratio Decidendi

The second defendant negligently carried out defective welding on the crash bar, causing the plaintiff's injury. The first defendant was not in breach of duty, having reasonably relied on the second defendant's expertise. Liability rests solely with the second defendant.

Court Disposition

Judgment for plaintiff against second defendant

Orders

  • Second defendant to pay damages to plaintiff
  • No liability found against first defendant