Everitt v. Thorsman Ireland Ltd. [1999] IEHC 7; [2000] 1 IR 256 (23rd June, 1999)

Everitt v. Thorsman Ireland Ltd. [1999] IEHC 7; [2000] 1 IR 256 (23rd June, 1999)

Employer not liable in negligence due to latent defect not discoverable by reasonable care, but liable for breach of statutory duty under workplace safety regulations; supplier not statute barred as plaintiff only fixed with knowledge after expert report; damages awarded based on partial loss of earnings and pain and suffering, reduced for pre-existing conditions and credibility issues.

Citation
[1999] IEHC 7
Parties
Plaintiff: Denis Everitt; First Defendant: Thorsman Ireland Limited; Second Defendant: Jumbo Bins and Sludge Disposal Limited; Third Defendant: Numac Steel Limited
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Final Judgment
Outcome
Judgment for plaintiff against first and second defendants; third defendant dismissed with costs recoverable from second defendant.
Legal Topics
Employer Liability, Latent Defect, Statute of Limitations, Personal Injury, Breach of Statutory Duty
Tort Employment Statutory Duty Employer Liability Latent Defect Statute of Limitations Personal Injury Breach of Statutory Duty

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Denis Everitt

Plaintiff

Thorsman Ireland Limited

First Defendant

Jumbo Bins and Sludge Disposal Limited

Second Defendant

Numac Steel Limited

Third Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Is the employer liable for injury caused by a tool with a latent defect supplied by a third party?
  2. 2 Does the statutory duty under workplace safety regulations impose liability regardless of fault?
  3. 3 Is the claim against the supplier statute barred under the Statute of Limitations (Amendment) Act, 1991?

Ratio Decidendi

Employer not liable in negligence due to latent defect not discoverable by reasonable care, but liable for breach of statutory duty under workplace safety regulations; supplier not statute barred as plaintiff only fixed with knowledge after expert report; damages awarded based on partial loss of earnings and pain and suffering, reduced for pre-existing conditions and credibility issues.

Court Disposition

Judgment for plaintiff against first and second defendants; third defendant dismissed with costs recoverable from second defendant.

Orders

  • Plaintiff awarded £80,000 against first and second defendants.
  • First defendant entitled to 100% indemnity/contribution from second defendant.