A 39-year-old Co Meath woman, who experienced injuries in a fall in at Cappagh National Orthopaedic Hospital, has settled her personal injury compensation claim against the hospital.
In addition to this Justice Raymond Groarke stated that the woman, Mrs Morgan, was entitled to succeed in a personal injury claim and to have her name cleared of alleged fraud and dishonesty. Justice Groarke told the Court that the hospital had used a defence in which it had accused Joanne Shelly, of Birch Close, Johnstown Wood, Navan, of fraud.
Judge Groarke said the defence used by the Finglas hospital claimed that she placed her foot on defective tiling on a corridor floor and tripped on purpose so she could bring a fraudulent personal injury compensation claim.
Ms Morgan had slipped and fallen on the very same defective tiles many years previously and had been astonished and flabbergasted on this day in January 2014 to find the defect had never been addressed.
Forensic engineer David Brown said the vinyl tiles were attached to a two foot square shore cover on the corridor floor and a significant fracture on it should have been repaired.
The Judge said: “That is their defence and I am putting it as bluntly as the defendant would not put it. As she gets to it the inference I am being asked to draw is that Ms Morgan was a party to this fraud by pointing it out and that Ms Shelly managed to get her toe into it and fell. I find the defence to be outrageous and not supported by the evidence.”
Judge Groarke went on to say that not only was Ms Shelly entitled to succeed against the hospital, she was also entitled to have her name cleared in the manner he had described in court.
Barrister Darach MacNamara, counsel for Ms Shelly, told Judge Groarke today that following his ruling on liability in the case the proceedings had been settled and could be dismissed with an order for Ms Shelly’s legal costs.
Mr MacNamara told Judge Groarke today that following his ruling on liability in the case the proceedings had been settled and could be struck out with an order for Ms Shelly’s legal costs. It is believed the settlement was in the upper regions of the maximum €60,000 jurisdiction of the court.
Costs to be borne by the hospital are estimated to add another €35,000 to the bill.
