Fine Gael TD sues Dublin Hotel after falling off swing

McMurphy · 31-05-2019 7:31am

Madigan should be 'candid' on swing fall case - Martin

The indo have the whiff of blood in their nostrils.

Stop moaning ffs · 31-05-2019 7:55am

I think she was a bit drunk on the radio too.

The important thing to watch out for when the footage leaks is the bottle of beer and wine.

Bet you she doesn’t spill a drop of either when she falls

mikeymouse · 31-05-2019 8:19am

Stop moaning ffs wrote: »

I think she was a bit drunk on the radio too.

The important thing to watch out for when the footage leaks is the bottle of beer and wine.

Bet you she doesn’t spill a drop of either when she falls

A sure sign she was very very drunk

31-05-2019 8:28am

ChikiChiki wrote: »

A very powerful bargaining chip for the Dean Hotels owners and by default, they just need to be known to have the footage to send shivers through Leo. I'm sure the footage is securely locked away somewhere.

I think if i was just Maria Bailey in the footage it would be leaked by now as there would be nothing new to us. However my feeling is there are other TDs in it which would be enough to bring down the Government.

Does anyone know why the dean kept the cctv footage in the first place? Was it because Bailey and her friends went down to reception looking for plasters?

What would be normal timescale for an hotels cctv to be recorded over?

Stop moaning ffs · 31-05-2019 8:38am

Strawberry Milkshake wrote: »

Does anyone know why the dean kept the cctv footage in the first place? Was it because Bailey and her friends went down to reception looking for plasters?

What would be normal timescale for an hotels cctv to be recorded over?

I’d imagine any incidents reported would be time stamped and saved.

She asked for plasters

Then goes onto sue for 60k

jaysis

Bigus · 31-05-2019 8:51am

Strawberry Milkshake wrote: »

Does anyone know why the dean kept the cctv footage in the first place? Was it because Bailey and her friends went down to reception looking for plasters?

What would be normal timescale for an hotels cctv to be recorded over?

Hotels and pubs would invest (big money)in extra hard drives to keep stuff 3 years before the cloud , as claims can arise in this time scale.

Yurt2 · 31-05-2019 8:56am

Is the cost of this Senior Counsel investigation being borne by Johnny and Mary taxpayer or is it coming out of FG's pockets?

He doesn't need a barrister to make a decision on this, sit her down in his office in Kildare Street (and have Josepha waiting outside the door for follow up questions). Don't like what you hear? Drop-kick her out of the party.

JPCN1 · 31-05-2019 9:00am

Yurt! wrote: »

Is the cost of this Senior Counsel investigation being borne by Johnny and Mary taxpayer or is it coming out of FG's pockets?

He doesn't need a barrister to make a decision on this, sit her down in his office in Kildare Street (and have Josepha waiting outside the door for follow up questions). Don't like what you hear? Drop-kick her out of the party.

That would take leadership so won't be happening sadly.

The Rape of Lucretia · 31-05-2019 9:00am

Johnny Dogs wrote: »

Madigan should be 'candid' on swing fall case - Martin

The indo have the whiff of blood in their nostrils.

It's quite repulsive. It's the Indo though. One should expect no better. Gutter press at its worst. They should let it rest now until FG makes a statement following the review of the matter, and not just fill a fortnight with fiction, innuendo, and groundless speculation.

Lorem ipsum dolor sit amet, consectetur adipiscing elit.

Masala · 31-05-2019 9:02am

But ..... the Dean are not negligent. What is her case based on?? Shiny seat ... is that negligent???? No supervision of adults???? Is there a precedent??

I can't see how she was going to succeed in this case.....

The Rape of Lucretia · 31-05-2019 9:05am

JPCN1 wrote: »

That would take leadership so won't be happening sadly.

Leadership is what is being shown here.

Yurt! wrote: »

He doesn't need a barrister to make a decision on this, sit her down in his office in Kildare Street (and have Josepha waiting outside the door for follow up questions). Don't like what you hear? Drop-kick her out of the party.

You just can't do that. Really, that's just amateur hour and is no way to conduct matters. Mr. Varadkar is very well briefed on how and how not to handle it, and is doing so correctly. That the baying mob thinks that kind of trigger happy action is the way to go speaks of nothing but their own ignorance.

Deebles McBeebles · 31-05-2019 9:15am

The Rape of Lucretia wrote: »

Mr. Varadkar is very well briefed on how and how not to handle it

Very doubtful. He's getting his advice from highly paid civil servants.

31-05-2019 9:17am

Jamiekelly wrote: »

It must be a lonely existence, purposely seeking to be the biggest contrarian in the room regardless of the facts. I actually feel very sorry for you at this stage. Well over six thousand posts of utter rubbish just to try and get a reaction. Do you not have a life to live or is this some sort of fetish?

they may be trolling, but the point is fundamentally valid.

If FG try to kick her out without following their own rules and fair procedures, they'll find themselves in the High Court. Bailey is nothing if not litigious.

Yurt2 · 31-05-2019 9:21am

A Tyrant Named Miltiades! wrote: »

they may be trolling, but the point is fundamentally valid.

If FG try to kick her out without following their own rules and fair procedures, they'll find themselves in the High Court. Bailey is nothing if not litigious.

I doubt that to be honest. The High-court would remain silent on the inner workings of a political party. We're talking about canning her from the party, not taking her Dail seat away (which he can't do).

LollipopJimmy · 31-05-2019 9:23am

Johnny Dogs wrote: »

The indo have the whiff of blood in their nostrils.

Don't blame them, she went on national radio to try paint them as a monster.

mikeymouse · 31-05-2019 9:24am

Militiades getting into bed with Lucretia? well,well

ohnonotgmail · 31-05-2019 9:24am

Yurt! wrote: »

I doubt that to be honest. The High-court would remain silent on the inner workings of a political party. We're talking about canning her from the party, not taking her Dail seat away (which he can't do).

FG have asked a SC to investigate on their behalf. Nothing to do with the High Court.

Stop moaning ffs · 31-05-2019 9:26am

On herself being litigious, I’m reminded that she never mentioned the indo or the journalist by name. She let Sean do it.

joe40 · 31-05-2019 9:26am

The Rape of Lucretia wrote: »

It's quite repulsive. It's the Indo though. One should expect no better. Gutter press at its worst. They should let it rest now until FG makes a statement following the review of the matter, and not just fill a fortnight with fiction, innuendo, and groundless speculation.

Lorem ipsum dolor sit amet, consectetur adipiscing elit.

That piece is just a collection of comments made by various politicians.

Is the actual quotes that you find repulsive?

I expected to read an opinion piece.

Yurt2 · 31-05-2019 9:28am

ohnonotgmail wrote: »

FG have asked a SC to investigate on their behalf. Nothing to do with the High Court.

I know, the other poster suggested that Bailey would try to land FG in the High Court if they moved to expel her from the party.

My point is that the High Court would likely remain silent on the matter and perhaps refuse to hear it. The courts will not intervene on such matters unless perhaps the individual was discriminated against in one of the protected categories of identity.

31-05-2019 9:30am

Yurt! wrote: »

I doubt that to be honest. The High-court would remain silent on the inner workings of a political party. We're talking about canning her from the party, not taking her Dail seat away (which he can't do).

They can suspend her without prejudice, pending an investigation, but you can't just eject someone from a political party without following your own rules and applying them judiciously.

You can't even do that with an Oireachtas Committee membership (which one might assume would be immune from legal involvement, under the separation of powers) as Ivor Callely's legal action showed.

ohnonotgmail · 31-05-2019 9:31am

Yurt! wrote: »

I know, the other poster suggested that Bailey would try to land FG in the High Court if they moved to expel her from the party.

My point is that the High Court would likely remain silent on the matter and perhaps refuse to hear it. The courts will not intervene on such matters unless perhaps the individual was discriminated against in one of the protected categories of identity.

If FG do not follow their own procedures she can ask for a Judicial Review which the High Court would have to hear. Hence the need for a SC to cover their arses.

griffin100 · 31-05-2019 9:31am

I handle insurance claims for a large organisation so see lots of dodgy and exaggerated claims.

What’s not been mentioned here from what I can see is the role of the consultant engineer for Bailey.

Any solicitor will take on a case in the early stages, send a letter to the defendant, and then if they don’t roll over straight away or agree to alllow IB to assess the claim an engineer will be appointed to review the circumstances of the accident. Once they produce their report solicitors then sometimes advise clients not to proceed as their case is flimsy (but this is rare enough).

In this case an engineer would have examined these swings and on the basis of their report the solicitors would have advised Bailey to progress with the claim.

Having seen dozens of these reports I can imagine what the engineers report said in this case. I would expect that it’s main argument would be the fact that the swimg surface was overpolished hence slippery and hence not fit for purpose / safe to use. That would explain the later installation of non slip strips on the swing.

People complain about solicitors ambulance chasing but the biggest scam in the compo culture is the consultant engineers gig. Two engineers, one for the plaintiff and one for the defendant, will examine the same accident scene at the same time and each will most of the time produce completely opposite reports, one saying the defendant is at fault and one saying that the claimant was hard done by. They will then go to court and argue for either case. I’ve sat through a number of high court hearings where some of the arguments made by engineers have made me laugh.

The funny thing is, if the swing seat was overpolished and slippery, based on the way most judges see the world, this claim would have succeeded.

mickdw · 31-05-2019 9:32am

The Rape of Lucretia wrote: »

JPCN1 wrote: »

That would take leadership so won't be happening sadly.

Leadership is what is being shown here.

Yurt! wrote: »

He doesn't need a barrister to make a decision on this, sit her down in his office in Kildare Street (and have Josepha waiting outside the door for follow up questions). Don't like what you hear? Drop-kick her out of the party.

You just can't do that. Really, that's just amateur hour and is no way to conduct matters. Mr. Varadkar is very well briefed on how and how not to handle it, and is doing so correctly. That the baying mob thinks that kind of trigger happy action is the way to go speaks of nothing but their own ignorance.

A Taoiseach cannot officially sack a commissioner either but we saw a commissioner swiftly exit.

ohnonotgmail · 31-05-2019 9:33am

mickdw wrote: »

A Taoiseach cannot officially sack a commissioner either but we saw a commissioner swiftly exit.

She doesn't look like the resigning type.

Yurt2 · 31-05-2019 9:37am

A Tyrant Named Miltiades! wrote: »

They can suspend her without prejudice, pending an investigation, but you can't just eject someone from a political party. You can't even do that with an Oireachtas Committee membership (which one might assume would be immune from legal involvement, under the separation of powers) as Ivor Callely's legal action showed.

I'd say that's very much dependant on the Fine Gael constitution and how they deal with disciplinary matters. I don't know how much power Leo enjoys in this regard, but I'd be confident that if he wanted her gone, the wheels would be in motion and she'd be gone in short order. Political parties are free to disassociate with individuals if they bring the party into disrepute, and there's very little recourse to the law, save, of course, if they were being discriminated against.

Oireachtas Committee membership I'd agree with you on.

mickdw · 31-05-2019 9:39am

ohnonotgmail wrote: »

mickdw wrote: »

A Taoiseach cannot officially sack a commissioner either but we saw a commissioner swiftly exit.

She doesn't look like the resigning type.

Callinan didn't either.

Stop moaning ffs · 31-05-2019 9:43am

Rock and a hard place for Leo.
We all know PR and image is his priority. He has to let her go.
But he needs her for the numbers.
And if Madigan is actually also involved?

I really don’t think this will blow over as easily as he’s clearly wishing it to.

ohnonotgmail · 31-05-2019 9:43am

mickdw wrote: »

Callinan didn't either.

callinans career was behind him. She probably thinks she still has one.

Yurt2 · 31-05-2019 9:45am

ohnonotgmail wrote: »

If FG do not follow their own procedures she can ask for a Judicial Review which the High Court would have to hear. Hence the need for a SC to cover their arses.

Judicial reviews are for the organs of the state and administrative bodies not the workings of a political party. De minimus principle would almost certainly apply and locus standi would not be established.

Fine Gael TD sues Dublin Hotel after falling off swing

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