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Woman who sued school over ball game accident 13 years ago loses case

  • 15-10-2019 7:08pm
    #1
    Closed Accounts Posts: 2,553 ✭✭✭


    https://www.irishexaminer.com/breakingnews/ireland/woman-who-sued-school-over-ball-game-accident-13-years-ago-loses-case-957371.html

    How does it take so long for a case to come before the courts? 13 years is a very long time for a civil action. Plus if everyone and anyone was to successfully sue a school for every accident a child had we'd have no schools before long. Most of us have surely suffered an injury in one form or another throughout our school years, i'm no different.

    A 22-year-old woman who tumbled over a bench fracturing her arm as she played a ball game when a schoolgirl has lost her High Court action for damages.

    Kellie Gregan had claimed the accident in her Dublin school 13 years ago has left her with three scars on her arm and she only wears long-sleeved clothes.


Comments

  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    It's the only way to be sure

    1437039418026.jpg


  • Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    biko wrote: »
    It's the only way to be sure

    It's heading that way by the looks of it.


  • Registered Users, Registered Users 2 Posts: 2,526 ✭✭✭Sweetemotion


    Good luck to her trying to find a job now.


    I see she has to pay her own costs also.


  • Registered Users, Registered Users 2 Posts: 6,296 ✭✭✭Be right back


    biko wrote: »
    It's the only way to be sure

    1437039418026.jpg

    Better to be safe than sorry!! I would be very well off if I sued for the time I fell and scarred my knee in the school playground!


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    It's a "it's someone else's fault" society we live in.


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  • Registered Users, Registered Users 2 Posts: 6,296 ✭✭✭Be right back


    biko wrote: »
    It's a "it's someone else's fault" society we live in.

    True that. No one seems to be responsible for their own mistakes.


  • Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    Good luck to her trying to find a job now.


    I see she has to pay her own costs also.

    Yeah, it'll be a fine hefty bill, what are the odds that they will get money from her though? highly unlikely. Also for the job, you can bet your bottom dollar that almost all employers google prospective employees in this day and age.


  • Registered Users, Registered Users 2 Posts: 13,741 ✭✭✭✭thebaz


    well done judge - shame on her legal team , trying to bloodsuck the life out of childhood games - what a horrible way to make a living, ruining normal life for the normal majority to satisfy the greed of a tiny minority. Horrible.


  • Closed Accounts Posts: 8,492 ✭✭✭Sir Oxman


    thebaz wrote: »
    well done judge - shame on her legal team , trying to bloodsuck the life out of childhood games - what a horrible way to make a living, ruining normal life for the normal majority to satisfy the greed of a tiny minority. Horrible.


    the parents are at fault here for sure - she was 9!


  • Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    Sir Oxman wrote: »
    the parents are at fault here for sure - she was 9!

    Should it be the parents landed with the bill fully or partially? i know she's 22 now, but she surely it was instigated by the parents, in saying that if a child (u18) suffers a personal injury the 2 year statute of limitations doesn't apply, might have instigated it herself just before her 18th birthday. 4 years in the legal system is very common for these kind of cases.


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  • Registered Users, Registered Users 2 Posts: 8,767 ✭✭✭jmreire


    Yeah, it'll be a fine hefty bill, what are the odds that they will get money from her though? highly unlikely. Also for the job, you can bet your bottom dollar that almost all employers google prospective employees in this day and age.

    Yes, I'd say that checking out a prospective employee like this is by now standard operating practice. Good. We need urgently to develop an anti-scammer attitude, as the Govt and the Law are not doing much. Up to now, it was nearly or rarely heard of a claim being kicked out of court, much less being tried for fraud. It was a smooth road, but now that a few bumps and potholes are starting to appear, the legal eagles might start to get a little more selective on what case's they take on, and we will see a drop in claims. Can't happen soon enough.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    "Gregan had claimed the accident in her Dublin school 13 years ago has left her with three scars on her arm and she only wears long-sleeved clothes."

    Odd social media suggests your lying ms gregan


  • Registered Users, Registered Users 2 Posts: 19,802 ✭✭✭✭suicide_circus


    Good luck to her trying to find a job now.


    I see she has to pay her own costs also.

    any candidate i'm set to invite for interview gets a quick google. anyone who has made a claim like this one is not getting an interview, not worth the risk.


  • Closed Accounts Posts: 12,653 ✭✭✭✭Plumbthedepths


    Is not the case that you only have 2 years in which submit a personal injury claim or is that just a recent rule?


  • Closed Accounts Posts: 2,553 ✭✭✭Cork Trucker


    Is not the case that you only have 2 years in which submit a personal injury claim or is that just a recent rule?

    My understanding is that it’s 2 years if over 18, if under 18 until your 18th birthday


  • Registered Users, Registered Users 2 Posts: 41,343 ✭✭✭✭Boggles


    So no settlement offer, Judge gets to decide and he fúcks it out.

    Doesn't really fit the insurance industry narrative?


  • Registered Users, Registered Users 2 Posts: 28,691 ✭✭✭✭drunkmonkey


    She's an intern in Arthur Cox of all places, you couldn't make this stuff up. She'll be lucky to be a chicken dipper in supermacs by this evening.


  • Registered Users, Registered Users 2 Posts: 2,256 ✭✭✭deandean


    She's an intern in Arthur Cox of all places, you couldn't make this stuff up. She'll be lucky to be a chicken dipper in supermacs by this evening.
    Ouch!
    I remember the damage caused to the party by Ms Bailey's Swingate.
    I wonder how a legal firm will look at this?
    But I guess it's all business for lawyers.


  • Registered Users, Registered Users 2 Posts: 1,435 ✭✭✭Scoundrel


    biko wrote: »
    It's a "it's someone else's fault" society we live in.

    Of course it is sure how can you expect any different when you've got insurance fraudsters like Alan Farrell TD and Maria Bailey TD at the heart of the party of government and insurance fraud enablers like Josepha Madigan as well?


  • Posts: 8,385 ✭✭✭ [Deleted User]


    When I was 13 I broke my leg in a hard pack play area; foot got caught in a gouge in the pack caused by the school not fixing a leaky gutter.
    Took 20 years for the limp to subside, even though I played sports and active lifestyle, and had about 80% mobility in the ankle's up and down motion. Looking at surgery to fix a ligament there at some stage when it is convenient.
    Should my parents have sued for medical bills originally (probably would have repaired my ankle properly)? I guess so, for allowing a play area to become dangerous to the kids directed to play there.
    Would I dream of claiming now? No but I have no external scars.

    This was no little fall and a boo-boo, like the woman last year who fell out hiking and sued the OPW.
    She said a bone in her arm had popped out and there was also blood. She later had to have three operations to the arm and has been left with three scars

    An open fracture from a fall, under supervised play, from a height? That is not acceptable. The school claimed that there was no direction to climb a bench so no mats would have been required, and this is the side the judge came down on.
    If she had been directed onto the bench I would be thinking that the outcome would have been different.


    The title of the thread is also leading. She will have set the claim in motion after turning 18, when she was allowed to do so on her own. She is not some 30 year old who is claiming for something happening in school at 17.

    The lady has 3 scars on her arm, from a fairly (see: very) traumatic event. Her legal team are supposed to be the people who take the emotion out of the equation, when making a claim. They are at fault here, if the case was not worth going forward.


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  • Registered Users, Registered Users 2 Posts: 32,136 ✭✭✭✭is_that_so


    Gatling wrote: »
    "Gregan had claimed the accident in her Dublin school 13 years ago has left her with three scars on her arm and she only wears long-sleeved clothes."

    Odd social media suggests your lying ms gregan
    Well social media is a cesspool of its own, not subject to any rigours of verity and peddling in little more than confirmation bias and encouraging our own worst base instincts.
    The case as it stands is she did fall, she, or someone in her family, saw an opportunity, egged on by greedy lawyers, only for the judge to point out the school could not have been expected to be liable. I think she was genuine and I have a very mild bit of sympathy for her getting wrapped up in this but the decision is very good one, as a warning to any other similar cases coming down the track. Hopefully, it will also encourage other defendants, including insurance companies, to make a stand.


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