Monahan -v- Dunnes Stores & Anor [2013] IEHC 79 (15 February 2013)

Monahan -v- Dunnes Stores & Anor [2013] IEHC 79 (15 February 2013)

The defendant failed to take reasonable care to protect the plaintiff from a hazardous oil spillage, as the cordon and warnings were inadequate and not evident to the plaintiff. The plaintiff was not contributorily negligent. Payments made under the employer's income continuance insurance scheme are not deductible from her loss of earnings claim under s.2 of the Civil Liability (Amendment) Act 1964.

Citation
[2013] IEHC 79
Parties
Plaintiff: Eileen Monahan; Defendant: Dunnes Stores; Defendant: Dunnes Stores (Ilac Centre) Limited
Jurisdiction
Ireland
Judgment Date
15 February 2013
Procedural Posture
Personal Injury Employer Liability / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Occupiers' Liability, Personal Injury, Contributory Negligence, Damages, Deductibility of Insurance Payments
Tort Law Employment Law Negligence Occupiers' Liability Personal Injury Contributory Negligence Damages Deductibility of Insurance Payments

Case Brief

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Parties

Eileen Monahan

Plaintiff

Dunnes Stores

Defendant

Dunnes Stores (Ilac Centre) Limited

Defendant

Procedural Posture

Personal Injury Employer Liability / High Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in failing to protect the plaintiff from a hazardous spillage at work
  2. 2 Whether the plaintiff was guilty of contributory negligence
  3. 3 Whether payments made under an employer's income continuance insurance scheme are deductible from loss of earnings claims under s.2 Civil Liability (Amendment) Act 1964

Ratio Decidendi

The defendant failed to take reasonable care to protect the plaintiff from a hazardous oil spillage, as the cordon and warnings were inadequate and not evident to the plaintiff. The plaintiff was not contributorily negligent. Payments made under the employer's income continuance insurance scheme are not deductible from her loss of earnings claim under s.2 of the Civil Liability (Amendment) Act 1964.

Court Disposition

Judgment for the plaintiff

Orders

  • Award of €50,000 for general damages to date
  • Award of €20,000 for future general damages