O'Shaughnessy & anor -v- Limerick Co Council & ors [2015] IEHC 389 (18 June 2015)

O'Shaughnessy & anor -v- Limerick Co Council & ors [2015] IEHC 389 (18 June 2015)

The accidental demolition of the plaintiffs' house resulted from a series of errors and omissions by multiple defendants, but the primary legal and factual cause was the instruction by Limerick County Council to include the plaintiffs' property in the demolition contract. No subsequent act by RPS or Midland constituted a novus actus interveniens to break the chain of causation. All defendants owed a duty of care to the plaintiffs, and both negligence and breach of contract were established. Limerick County Council is liable, with apportionment of liability among defendants to be determined.

Citation
[2015] IEHC 389
Parties
Plaintiff: Brian O'Shaughnessy; Plaintiff: Mary O'Shaughnessy; Defendant: Limerick County Council; Defendant: National Roads Authority; Defendant: RPS Consulting Engineers Limited; Defendant: Egis Route-Scetaroute S.A. (RPS/Scetauroute JV); Defendant: Midland Fencing Limited
Jurisdiction
Ireland
Judgment Date
18 June 2015
Procedural Posture
Civil / High Court Judgment After Full Trial
Outcome
Judgment for the plaintiffs on liability; quantum of damages agreed confidentially; apportionment of liability among defendants to be determined.
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Trespass to Land, Causation, Novus Actus Interveniens, Professional Liability, Breach of Contract
Tort Law Contract Law Professional Negligence Negligence Duty of Care Vicarious Liability Trespass to Land Causation +3 more

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Parties

Brian O'Shaughnessy

Plaintiff

Mary O'Shaughnessy

Plaintiff

Limerick County Council

Defendant

National Roads Authority

Defendant

RPS Consulting Engineers Limited

Defendant

Egis Route-Scetaroute S.A. (RPS/Scetauroute JV)

Defendant

Midland Fencing Limited

Defendant

Procedural Posture

Civil / High Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants owed a duty of care to the plaintiffs in relation to the demolition of their house
  2. 2 Whether the demolition resulted from negligence and/or breach of contract by one or more defendants
  3. 3 Whether Limerick County Council is vicariously liable for the acts of its independent contractors

Ratio Decidendi

The accidental demolition of the plaintiffs' house resulted from a series of errors and omissions by multiple defendants, but the primary legal and factual cause was the instruction by Limerick County Council to include the plaintiffs' property in the demolition contract. No subsequent act by RPS or Midland constituted a novus actus interveniens to break the chain of causation. All defendants owed a duty of care to the plaintiffs, and both negligence and breach of contract were established. Limerick County Council is liable, with apportionment of liability among defendants to be determined.

Court Disposition

Judgment for the plaintiffs on liability; quantum of damages agreed confidentially; apportionment of liability among defendants to be determined.

Orders

  • Defendants found liable for wrongful demolition of plaintiffs' house.
  • Damages and costs to be paid to plaintiffs as agreed.