The High Court has struck out a personal injury claim against Dunnes Stores plc as statute barred, finding that the plaintiff knew of her injury and its alleged connection to her work on 21 May 2014 but had not established a qualifying disability from that date.
The judgment, delivered by Ms Justice Bolger on 18 October 2022, followed the defendant’s application to strike out the proceedings at a trial of a preliminary issue. The parties agreed that the claim accrued on 21 May 2014, when the plaintiff first attended her GP about the injuries. The Personal Injuries Assessment Board application was lodged on 21 March 2017, outside the two-year limitation period.
The plaintiff alleged that bullying and harassment during her employment caused personal injuries, including sleep disturbance and stress. She argued that her date of knowledge came later and, alternatively, that disability entitled her to an extension of time. The defendant said she knew of the injury and its asserted work-related cause at her GP visit, and disputed that she lacked capacity to pursue a claim during the relevant period.
Her GP, Dr Mullins, described the plaintiff as distressed and tearful in May 2014 and later diagnosed mild to moderate reactive depression. The doctor said the plaintiff’s mood fluctuated and gave evidence that her executive functioning may have affected her ability to bring proceedings. The plaintiff was involuntarily admitted to hospital in May 2016 and diagnosed with delusional disorder. The judge found the evidence established disability arising from psychotic illness from October 2014, but said that did not meet the requirement that disability exist when the cause of action accrued.
The court found the plaintiff’s date of knowledge was 21 May 2014. It considered her detailed account to her GP of her workplace treatment, its effect and her efforts to raise concerns. The judge also found that, during the earlier period, the plaintiff could manage her affairs in relation to her work experience. She attended Citizens Advice and FLAC, and gave her husband an account that he used to prepare complaints, which she signed. The judge noted that the evidence did not establish what advice FLAC gave.
The judge concluded that the plaintiff’s stress and depression from May 2014 to October 2015 fell short of the statutory concept of “unsound mind”. The proceedings were therefore struck out as statute barred.
On costs, the judge gave an indicative view that costs should follow the cause, which would entitle Dunnes Stores to costs of the motion and proceedings. The matter was listed for 1 November 2022 for further submissions on costs and final orders; the judgment does not record those final orders.