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 at common law for injury caused by latent defect in tool supplied by reputable supplier where defect was not discoverable by reasonable care; however, employer strictly liable for breach of statutory duty under health and safety regulations. Claim against supplier not statute barred as plaintiff only acquired relevant knowledge after expert evaluation. Damages awarded for injury, but reduced due to plaintiff's pre-existing conditions and exaggeration of symptoms.

Citation
[2000] 1 IR 256
Parties
Plaintiff: Denis Everitt; First Named Defendant: Thorsman Ireland Limited; Second Named Defendant: Jumbo Bins and Sludge Disposal Limited; Third Named Defendant: Numac Steel Limited
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Employer's Liability / High Court Judgment After Full Trial
Outcome
Judgment for the plaintiff against first and second named defendants; third named defendant dismissed with costs; indemnity/contribution of 100% from second to first named defendant.
Legal Topics
Employer's Liability, Latent Defect, Statutory Duty Under Health and Safety Regulations, Limitation of Actions, Contribution and Indemnity
Tort Law Employment Law Statutory Duty Employer's Liability Latent Defect Statutory Duty Under Health and Safety Regulations Limitation of Actions Contribution and Indemnity

Case Brief

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Parties

Denis Everitt

Plaintiff

Thorsman Ireland Limited

First Named Defendant

Jumbo Bins and Sludge Disposal Limited

Second Named Defendant

Numac Steel Limited

Third Named Defendant

Procedural Posture

Personal Injury / Employer's Liability / High Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the employer is liable at common law for injury caused by a latent defect in a tool supplied by a third party
  2. 2 Whether there was a breach of statutory duty by the employer under health and safety regulations
  3. 3 Whether the claim against the second named defendant (supplier) is statute barred

Ratio Decidendi

Employer not liable at common law for injury caused by latent defect in tool supplied by reputable supplier where defect was not discoverable by reasonable care; however, employer strictly liable for breach of statutory duty under health and safety regulations. Claim against supplier not statute barred as plaintiff only acquired relevant knowledge after expert evaluation. Damages awarded for injury, but reduced due to plaintiff's pre-existing conditions and exaggeration of symptoms.

Court Disposition

Judgment for the plaintiff against first and second named defendants; third named defendant dismissed with costs; indemnity/contribution of 100% from second to first named defendant.

Orders

  • Plaintiff awarded total damages of £80,000 against first and second named defendants.
  • First named defendant entitled to full indemnity/contribution from second named defendant.