Kilgannon v Sligo County Council & Ors [2019] IECA 333 (18 December 2019)

Kilgannon v Sligo County Council & Ors [2019] IECA 333 (18 December 2019)

The trial judge's finding that the plaintiff fell at the locus of the missing kerb stone was supported by credible evidence, including the accident report form and medical reports, and the trial judge was entitled to prefer the plaintiff's evidence over the defendants'. The appellate court found no basis to overturn the finding as being against the weight of evidence or lacking adequate reasoning.

Citation
[2019] IECA 333
Parties
Plaintiff/respondent: Treasa Kilgannon; Defendant/appellant: Sligo County Council; Defendant/appellant: Anne Connolly; Defendant/appellant: Blair Feeney; Defendant/appellant: The Board of Management Dromore West Central National School; Defendant/appellant: Nominee of Dromore West Central National School; Third Party: Brendan Kilrehill; Third Party: Aiden Kilrehill trading as Kilrehill Brothers
Jurisdiction
Ireland
Judgment Date
18 December 2019
Procedural Posture
Personal Injuries Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Liability, Credibility of Witnesses, Appellate Review, Findings of Fact
Tort Personal Injury Negligence Liability Credibility of Witnesses Appellate Review Findings of Fact

Case Brief

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Parties

Treasa Kilgannon

Plaintiff/respondent

Sligo County Council

Defendant/appellant

Anne Connolly

Defendant/appellant

Blair Feeney

Defendant/appellant

The Board of Management Dromore West Central National School

Defendant/appellant

Nominee of Dromore West Central National School

Defendant/appellant

Brendan Kilrehill

Third Party

Aiden Kilrehill trading as Kilrehill Brothers

Third Party

Procedural Posture

Personal Injuries Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge's finding of fact regarding the locus of the accident was supported by credible evidence
  2. 2 Whether the trial judge adequately explained reasons for preferring plaintiff's evidence
  3. 3 Whether documentary evidence and witness testimony were properly evaluated

Ratio Decidendi

The trial judge's finding that the plaintiff fell at the locus of the missing kerb stone was supported by credible evidence, including the accident report form and medical reports, and the trial judge was entitled to prefer the plaintiff's evidence over the defendants'. The appellate court found no basis to overturn the finding as being against the weight of evidence or lacking adequate reasoning.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court judgment affirmed