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The High Court has awarded €365,000 in damages to a Co. Tipperary man, latter unable to work after injuring his back in a 2017 workplace accident.
The award was made by Mr Justice Tony O’Connor in favour of Mr Patrick Ryan, with an address at Ormonde Crescent, Carrick-on-Suir, Co. Tipperary.
Mr Ryan had sued his previous employer, Queally Pig Slaughtering Limited, at the companies meat processing facility located near Waterford City; following injuries he sustained on April 13th 2017, while lifting a bag containing pork.
The claims had been denied.
Mr Ryan claimed he was no longer able to undertake manual work, and claimed that future surgery would not help him. Physiotherapy had not given him any relief, and he had less than an optimal response to injections and other medications provided.
In his judgement, Mr Justice O’Connor said he was satisfied that Mr Ryan was left unable to work due to the pain he was suffering following the accident. Mr Ryan claimed he was unable to go fishing anymore, or attend local sporting events because of the continuous pain; while any long periods of time spent driving, left him experiencing great difficulties.
Mr Justice O’Connor further stated that Mr Ryan’s injuries had resulted in a drastic deterioration of the previously active life, that he had once enjoyed, prior to his accident.
The judge said that that he was satisfied that Ryan, who was “a good manual worker” wished to return to work, despite his significant pain and had attempted to return to work undertaking light duties, some months after the accident. However, his pain and discomfort got worse, and he ceased working for Queally Pig Slaughtering Limited in April of 2018.
Mr Justice O’Connor said Mr Ryan was entitled to damages, including past loss of earnings, future loss of earnings, and general damages same totalling €365,500.
Irish Water and Tipperary County Council have issued an urgent boil water notice to come into immediate effect, in the areas of Glengoole, Gortnahoo, Ballinure, Ballinunty, Killenaule, Cloneen, Mullinahone, Drangen, Moyglass, and surrounding areas.
Some 6,700 people are expected to be affected within the 9 areas, and same are being urged to take immediate action, by boiling all water from the public Fethard supply feeding the stated areas.
This alert has been put in place following issues with the treatment and disinfection process at the Fethard Regional Water Treatment Plant.
We understand that the Fethard town area is not affected, as it is supplied from yet another supply.
Consumers in the areas affected are being advised to boil all their water before drinking, or when preparing all foods, which are not cooked prior to eating; brushing their teeth or in the making of ice etc.
Work to rectify issues at the Fethard water treatment plant, by Tipperary County Council, will continue, until this boil water notice can be safely lifted.
The Irish public health specialist and Chief Medical Officer, Professor Breda Smith, warned of a surge in flu cases, ahead of the 2022 Christmas festive season.
Professor Smith has confirmed that flu cases are up some 80% over the past 7 days, while Covid-19 infections have also increased considerably over the last three days.
Messaging on social media, she appealed to parents and guardians to consider getting the free nasal flu vaccine for their children.
Professor Smyth is urging people to stay at home, if they are experiencing flu-like symptoms, thus
preventing any spreading of this winter viruses.
She stated: “With Christmas just one week away, we are reporting a significant surge in flu cases, up 80% on last week’s numbers. We have a number of patients in ICU with flu this week, and unfortunately, none of them had have had their flu vaccine.
This year’s flu season seems to be having a severe impact on children in particular. In Australia 60 per cent of hospitalisations were among children. Flu is also causing a huge spike in child hospitalisations in Canada.
Covid cases have increased rapidly in the last three days. Test positivity is now almost one in five. On average, we are now seeing 75 new hospitalisations per day with Covid.”
Professor Smith further added: “We all know that vaccination saves lives. It decreases the chances of being infected and reduces the risk of severe illness from Covid-19 and flu. So please come forward and get yours.”
Irish hospitals have recorded their worst November ever in 2022, with regards overcrowding, according to latest figures from the Irish Nurses and Midwives Organisation (INMO).
Over 12,624 people were unable to access a bed in Irish hospitals in November, with over 563 children left resting on trolleys.
As Tipperary politicians wander about aimlessly, making no effort to demonstrate leadership; the most overcrowded hospital in the Irish Republic was University Hospital Limerick, latter supposed to be serving North Co. Tipperary, with some 1596 patients without a bed over the 30 day period.
In second place was Cork University Hospital with 1334 patients; followed by Letterkenny University Hospital with 1108 patients; Sligo University Hospital with 783 patients and Galway University Hospital with 703 patients.
Meanwhile, the Minor Injury Unit in Nenagh, North Co. Tipperary was closed today, due to unclarified staffing issues. Patients in need of assistance were being asked to travel to Ennis hospital (119km [74mls] or 1hr 30min drive subject to traffic) or to St. John’s acute General Voluntary Hospital located in Limerick City, (some 110km [69mls] or 1hr 15min drive, subject to traffic).
This situation is no longer acceptable or indeed supportable in 21st century rural Ireland.
A plaintiff, named as Mr Jason McCarthy, with an address at Ballybeg, Littleton, Thurles, Co. Tipperary, has successfully sued Waterford City Council, having alleged negligence; a breach of Duty of Care and a breach of the Occupiers Liability Act 1995.
Mr McCarthy, who acknowledged in court that he had previously recovered compensation of €17,555 from a road traffic accident in 2003; a further €12,000 for a road accident in 2009 and €15,000 arising from an assault when he was a young boy, [in total €44,550], was awarded €30,000 together with his legal costs, latter calculated on the lower Circuit Court scale.
Mr Justice Tony O’Connor stated he was satisfied that Mr McCarthy did trip and fall, as he had claimed, over a protruding lip on the pavement outside his father-in-law’s home at Gracedieu Road, Waterford City, on February 1st, some 7 years ago in 2015; adding that the injuries did not impinge significantly on his current day-to-day interests.
Waterford City Council authority had asked the court to determine if the fall happened as was alleged by Mr McCarthy; if it occurred where alleged, or if such a fall had caused such injuries currently being claimed by the plaintiff.
Mr Justice O’Connor said the council did accept during the hearing that the pavement lip was caused as a direct result of poor compaction at its sub base, and that if an inspection had been undertaken previously, same lip would have been noted and necessary measures taken to repair it.
Mr O’Connor had attended hospital the following morning after the fall and a medical report stated he had fractured his wrist, which required fixation with a grafting procedure.
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