R. -v- D. & Ors [2007] IEHC 252 (30 July 2007)

R. -v- D. & Ors [2007] IEHC 252 (30 July 2007)

The plaintiff was not statute barred as he suffered from post traumatic stress disorder caused by the assaults, which substantially impaired his ability to bring proceedings. However, the State defendants were not vicariously liable as the assaults were not so closely connected with the employment as to impose such liability, and there was insufficient notice to establish negligence.

Citation
[2007] IEHC 252
Parties
Plaintiff: R. R.; Defendant: P. D.; Defendant: The Minister for Defence; Defendant: Ireland; Defendant: The Attorney General
Jurisdiction
Ireland
Judgment Date
30 July 2007
Procedural Posture
Civil / High Court Judgment
Outcome
Dismissed
Legal Topics
Vicarious Liability, Sexual Assault, Statute of Limitations, Negligence, Personal Injury
Tort Law Employment Law Vicarious Liability Sexual Assault Statute of Limitations Negligence Personal Injury

Case Brief

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Parties

R. R.

Plaintiff

P. D.

Defendant

The Minister for Defence

Defendant

Ireland

Defendant

The Attorney General

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under the Statute of Limitations
  2. 2 Whether the State defendants are vicariously liable for the sexual assaults committed by the first named defendant
  3. 3 Whether the State defendants had sufficient notice of the first named defendant's proclivities to be liable in negligence

Ratio Decidendi

The plaintiff was not statute barred as he suffered from post traumatic stress disorder caused by the assaults, which substantially impaired his ability to bring proceedings. However, the State defendants were not vicariously liable as the assaults were not so closely connected with the employment as to impose such liability, and there was insufficient notice to establish negligence.

Court Disposition

Dismissed