Bubak v OCS One Complete Solution Ltd & Anor (Approved) [2024] IEHC 82 (16 February 2024)
The plaintiff failed to establish on the balance of probabilities that the incident was accidental and not intentional; even if accidental, he had sufficient space to avoid the trolley and could have prevented the incident by exercising ordinary care.
- Citation
- [2024] IEHC 82
- Parties
- Plaintiff: Ivan Bubak; Defendant: OCS One Complete Solution Limited; Defendant: Tesco Ireland Limited
- Jurisdiction
- Ireland
- Judgment Date
- 16 February 2024
- Procedural Posture
- Personal Injury / Judgment
- Outcome
- claim dismissed
- Legal Topics
- Negligence, Personal Injury, Workplace Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Ivan Bubak
Plaintiff
OCS One Complete Solution Limited
Defendant
Tesco Ireland Limited
Defendant
Procedural Posture
Personal Injury / Judgment
Legal Issues
- 1 Whether the plaintiff's injuries were caused by the defendants' negligence
- 2 Whether the incident was accidental or intentional
- 3 Whether the plaintiff exercised ordinary care
Ratio Decidendi
The plaintiff failed to establish on the balance of probabilities that the incident was accidental and not intentional; even if accidental, he had sufficient space to avoid the trolley and could have prevented the incident by exercising ordinary care.
Court Disposition
claim dismissed
Orders
- The plaintiff's claim is dismissed.
Full Case Text
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