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Court dismisses damages claim over uncovered manhole
Summary
In a High Court decision on 19 July 2016, the court dismissed a damages claim brought by John Cash, represented by his mother Mary, against Fingal County Council. The claim alleged that the council was negligent because it failed to cover an uncovered manhole on Old Ashbourne Road, Co. Dublin, where a five‑year‑old boy, John, had fallen on 20 April 2010, sustaining serious injuries including a fractured left arm that required surgery. The council denied negligence, arguing that medical accounts of the incident varied and that evidence was inconsistent. The judge, Mr Justice Paul McDermott, found that while the boy had indeed suffered serious injuries, the claim of council negligence was not proven on the balance of probabilities. The court dismissed the appeal, awarded the council its costs, and made no orders regarding the Circuit Court's costs. The case was previously dismissed by the Dublin Circuit Civil Court.
Who, what, where, when and why
What: Report matter: Court dismisses damages claim over uncovered manhole. Procedural stage: hearing_or_decision
When:
- April 20th, 2010 Other
- 2016-07-19 Publication
Why: Initially the judge said it had been suggested the accident was caused because the child fell off a ladder, but later on it was claimed he had fallen while jumping over a pothole. CNI source report
Case subjects
Defendant
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