Donnelly -v- LPB Building Services Ltd & Anor [2012] IEHC 17 (20 January 2012)

Donnelly -v- LPB Building Services Ltd & Anor [2012] IEHC 17 (20 January 2012)

The court found, on the balance of probabilities, that the plaintiff was not an employee of the defendants at the relevant time, and even if he was, the task of dismantling the fence was not within the scope of any employment. The injury was not sustained in the course of employment, and there was no negligence or...

Source-derived case information.

Citation
[2012] IEHC 17
Parties
Plaintiff: Patrick Donnelly; Defendant: LPB Building Services Limited; Defendant: Bernard Tansey
Jurisdiction
Ireland
Judgment Date
20 January 2012
Procedural Posture
Personal Injury/employment Dispute / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Employer Employee Relationship, Negligence, Workplace Safety, Vicarious Liability
Employment Law Personal Injury Employer Employee Relationship Negligence Workplace Safety Vicarious Liability

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Parties

Patrick Donnelly

Plaintiff

LPB Building Services Limited

Defendant

Bernard Tansey

Defendant

Procedural Posture

Personal Injury/employment Dispute / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff was an employee of the defendants at the time of the accident
  2. 2 Whether the injury occurred in the course of employment
  3. 3 Whether the defendants were negligent or in breach of duty

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff was not an employee of the defendants at the relevant time, and even if he was, the task of dismantling the fence was not within the scope of any employment. The injury was not sustained in the course of employment, and there was no negligence or breach of duty by the defendants.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim is dismissed.