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No credible evidence that employer was responsible for employee’s knee injury suffered at work

By: Colm Scott Byrne BL

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Court of Appeal allows appeal of a decision of the High Court to find that the defendant/appellant was responsible for the plaintiff’s injury and dismisses the plaintiff/respondent's claim, on the grounds that: (a) the trial judge found the plaintiff liable for the injuries on the basis of a case that was not pleaded; (b) the trial judge made a number of speculative leaps which the evidence did not support; and (c) there was no credible evidence before the trial judge which could have supported his finding of liability against the defendant.

Noonan J (nem diss): Personal injuries - negligence - pleadings - appeal of a decision of the High Court awarding the respondent (the plaintiff) €40,000 in general damages together with €13,682.95 for special damages for personal injuries suffered by her - the plaintiff suffered an injury to her right knee in the course of her employment with the appellant (the defendant) at its filling station - the injury occurred during a routine stock take - whether the trial judge had found the defendant liable on the basis of the case that was actually pleaded - Civil Liability and Courts Act, 2004 - whether the trial judge's findings were supported by the evidence - appeal allowed - plaintiff's claim dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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