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Action should not have been struck out based on medical report alone
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Court of Appeal allows appeal from High Court, and sets aside order dismissing as statute-barred a claim for injuries allegedly sustained in the workplace between 1994 and 2004 by reason of exposure to chemicals, on the grounds that: (a) the court's decision had relied on a 2008 report received by the defendants in discovery, which suggested that the plaintiff had the necessary knowledge by that date; (b) the report was not necessarily admissible simply because it had been ordered in discovery; (c) an order to dismiss an action should not normally be granted based on documents alone; and (d) in the instant case, fair procedures required that the contents of the report be put to the plaintiff in cross-examination.
Noonan J (nem diss): Personal injuries - dismissal of action - time limit - motion to dismiss heard on affidavit - alleged exposure to toxic chemicals while employed as aircraft mechanic with Defence Forces between 1994 and 2004 - no diagnosis of causation until 2011 - date of knowledge - Statute of Limitations (Amendment) Act, 1991 - earlier medical records - whether plaintiff had knowledge at an earlier date - whether documents exhibited by defendant were inadmissible hearsay - whether an application to dismiss was an 'interlocutory order' - interpretation of expert report - report obtained by plaintiff in 2008 - status of discovered documents - distinction between documents that were receivable and documents that were admissible - whether plaintiff should have been cross-examined on the documents.
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