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    Supreme Court see sense



    Man loses €111,000 damages award over train incident

    14:01 Thursday November 30th 2006


    The Supreme Court has overturned an award of substantial damages to an Offaly man who was hit by a train while lying drunk across a railway line.
    Mr Justice John L Murray said the incident was entirely the fault of Derek Raleigh, a 31-year-old panel-beater from Tullamore, and disagreed with the High Court judge's ruling that Iarnrod Eireann was in any way negligent.


    In August 1995, Mr Raleigh and his girlfriend went to a stretch of the Clara-Tullamore railway where people regularly had drinking sessions.


    Afterwards they fell asleep drunkenly on the tracks.


    The court heard Mr Raleigh's next memory was hearing the horn of a train, which woke him up.


    He pushed his girlfriend to safety and his right leg had to be amputated below the knee.


    He sued Iarnrod Eireaan and the trial judge awarded him €111,000 in damages three years ago, finding him 85% responsible and the company 15%, saying it should have taken appropriate steps to prevent trespass.


    Iarnrod Eireann appealed this to the Supreme Court and today it found in the company's favour, stating that Mr Raleigh created the danger by falling asleep on the tracks.


    Chief Justice John L Murray said an occupier could not be responsible for every act of folly on the part of trespassers.[img]smileys/thumb-up.gif[/img]
    Excellence is hard to keep quite - Sherrie Coale

    #2
    Thank God for that. Hopefully now we'll see that daft Ryanair (much as I hate them) decision overturned too.
    Munster - Incessant Perfervidity
    "Ireland Will Choke" - Jeremy Guscott

    Comment


      #3
      Bravo to the supreme court. I hate when stupidity is rewarded.
      <a href=\"http://www.xboxlc.com/profile/Ruck_You\" target=\"_blank\">
      http://www.xboxlc.com/cards/sig/default/Ruck%20You.jpg
      </a>

      If you’re fat stay in the ruck - Liam Toland

      Comment


        #4
        Hallelujah ! Sense at last.

        Comment


          #5


          Originally posted by who?
          Thank God for that. Hopefully now we'll see that daft Ryanair (much as I hate them) decision overturned too.

          That would today's one with the sleeping stew?
          Excellence is hard to keep quite - Sherrie Coale

          Comment


            #6


            @@@@SPAN id=news_c&#111;ntent>@@@@SPAN =storyline>Ryanair must re-hire worker who fell asleep on plane@@@@/SPAN>
            @@@@SPAN =storytime>30/11/2006 - 11:52:08@@@@/SPAN>@@@@/SPAN>


            @@@@SPAN>The Employment Appeals Tribunal has ordered Ryanair to re-hire a flight attendant who it says was unfairly dismissed.

            Vanessa Redmond was fired after claims that she fell asleep during a flight from Dublin to Durham last year.

            She was accused of blocking seats on the plane and breaching safety procedures.

            The tribunal has ruled that, although her behaviour warrants disciplinary action, has dismissal was unfair and Ryanair must re-hire her within the next five weeks.@@@@/SPAN>


            @@@@SPAN>@@@@/SPAN>

            Comment


              #7
              Originally posted by Drick


              @@@@SPAN id=news_c&#111;ntent>@@@@SPAN ="storyline">Ryanair must re-hire worker who fell asleep on plane@@@@/SPAN>
              @@@@SPAN ="storytime">30/11/2006 - 11:52:08@@@@/SPAN>@@@@/SPAN>


              @@@@SPAN>The Employment Appeals Tribunal has ordered Ryanair to re-hire a flight attendant who it says was unfairly dismissed.

              Vanessa Redmond was fired after claims that she fell asleep during a flight from Dublin to Durham last year.

              She was accused of blocking seats on the plane and breaching safety procedures.

              The tribunal has ruled that, although her behaviour warrants disciplinary action, has dismissal was unfair and Ryanair must re-hire her within the next five weeks.@@@@/SPAN>


              A High Court appeal on the way? She won't want to work there again and Scumair won't want the costs of a HC appeal, so a financial settlement will be arrived at. The worst case scenario for her is that the company does re-employ her!








              New infraction avoidance policy: a post may be described as imbecilic, but its author should never be described as an imbecile.

              Comment


                #8
                Originally posted by Drick


                @@@@SPAN id=news_c&#111;ntent>@@@@SPAN ="storyline">Ryanair must re-hire worker who fell asleep on plane@@@@/SPAN>
                @@@@SPAN ="storytime">30/11/2006 - 11:52:08@@@@/SPAN>@@@@/SPAN>


                @@@@SPAN>The Employment Appeals Tribunal has ordered Ryanair to re-hire a flight attendant who it says was unfairly dismissed.

                Vanessa Redmond was fired after claims that she fell asleep during a flight from Dublin to Durham last year.

                She was accused of blocking seats on the plane and breaching safety procedures.

                The tribunal has ruled that, although her behaviour warrants disciplinary action, has dismissal was unfair and Ryanair must re-hire her within the next five weeks.@@@@/SPAN>


                [img]smileys/lol.gif[/img][img]smileys/lol.gif[/img][img]smileys/lol.gif[/img][img]smileys/lol.gif[/img][img]smileys/lol.gif[/img]

                Comment


                  #9


                  The decisions from the Employment Appeals Tribunal usually beggar belief.


                  there was the case of the UL lifeguard who regularly went to work hung over, fell asleep while supposedly on duty and did not notice when a child got into difficulty (thankfully the child wasrescued by a swimteacher who happened to be in the pool) .When she was dismissed she appealedand the EAT found she was treated unfairly





                  Another case involved a woman who phoned in sick butwas later dismissed when her employer saw her working in a different premises while supposedly too ill to work. She appealed and again her claim was upheld





                  Cases like these along with the sleeping ryanair stewardess only give the EAT a bad name.





                  Comment


                    #10
                    Originally posted by McCloud


                    In August 1995, Mr Raleigh and his girlfriend went to a stretch of the Clara-Tullamore railway where people regularly had drinking sessions.

                    Why didn't somebody stop it if it was so popular? Or were the Gardaí too busy catching some lunatic doing 53 in a 50 zone?


                    Doesn't change the fact that your man, despite actingin a prettychivalrous manner,is a complete horse's ass.
                    "It’s not the team you support, it’s the club you should support. The team on the pitch will ebb and flow because that’s the nature of sport. No team has ever been successful decade on decade. The club has the history and that’s the passion you should have."

                    Comment


                      #11
                      Originally posted by Jenta
                      Originally posted by McCloud


                      In August 1995, Mr Raleigh and his girlfriend went to a stretch of the Clara-Tullamore railway where people regularly had drinking sessions.

                      Why didn't somebody stop it if it was so popular? Or were the Gardaí too busy catching some lunatic doing 53 in a 50 zone?


                      Doesn't change the fact that your man, despite actingin a prettychivalrous manner,is a complete horse's ass.


                      You've such a way with words.


                      [img]smileys/rolleyes.gif[/img]
                      \"Hmm, no, I don\'t have a gambling problem, I\'m winning, and winning is not a problem. That\'s like saying Michael Jordan has a basketball problem, or Def Leppard has an awesomeness problem. So why don\'t y\'all pour some sugar on that?\"

                      Comment


                        #12


                        Originally posted by McCloud
                        The Supreme Court has overturned an award of substantial damages to an Offaly man who was hit by a train while lying drunk across a railway line.
                        Mr Justice John L Murray said the incident was entirely the fault of Derek Raleigh, a 31-year-old panel-beater from Tullamore, and disagreed with the High Court judge's ruling that Iarnrod Eireann was in any way negligent........................


                        .


                        Chief Justice John L Murray said an occupier could not be responsible for every act of folly on the part of trespassers.[img]smileys/thumb-up.gif[/img]

                        Are the Judiciary at long last getting up to speed with Reality and also maybe decided to stop feeding the greedy Legal Profession that have been ripping off the country with spurious negligence claims [img]smileys/thumb-up.gif[/img]

                        Comment


                          #13


                          if they would start awarding costs against the people sueing it would go a long way to stopping people chancing their arms


                          the employment stuff is ridiculous. life guard is the biggest example of that.
                          "Some people don't know their easy lives... I wouldn't be so ungrateful" - Fiacre Ryan - #AutismAndMe

                          Comment


                            #14

                            Originally posted by beatlefan

                            The decisions from the Employment Appeals Tribunal usually beggar belief.


                            there was the case of the UL lifeguard who regularly went to work
                            hung over, fell asleep while supposedly on duty and did not notice when
                            a child got into difficulty (thankfully the child wasrescued by a
                            swimteacher who happened to be in the pool) .When she was
                            dismissed she appealedand the EAT found she was treated unfairly





                            Another case involved a woman who phoned in sick butwas later
                            dismissed when her employer saw her working in a different premises
                            while supposedly too ill to work. She appealed and again her claim was
                            upheld





                            Cases like these along with the sleeping ryanair stewardess only give the EAT a bad name.




                            Of the three cases, the two above and the ryanair one, the only one I would disagree with is the Lifeguard one.



                            You need to look at contracts, but generally the causes for summary
                            dismissal in legislation and in contracts are very extreme, far more so
                            than falling asleep on a job, or taking a sickie and covering a
                            relative.



                            If the employee has a cert from a doctor then they can do whatever they want.

                            There is a famous case of a woman who was fired after being sick for
                            two weeks and her boss saw her at dublin airport, returning from a trip
                            to the canaries.



                            The lifeguard case is different though

                            Seven social sins: politics without principles, wealth without work, pleasure without conscience, knowledge without character, commerce without morality, science without humanity, and worship without sacrifice



                            Comment


                              #15


                              Trade Union clown on the News earlier saying the Ryanair case was a landmark case for workers everywhere. Seems as far as he's concerned everybody is entitled to doze off wherever.
                              The early bird catches the worm but it's the second mouse that gets the cheese.

                              Comment

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