High Court, in a claim by a plaintiff for damages for vicarious liability and negligent misstatement against two financial institutions and two former employees of both financial institutions, holds that the second named defendant, who is wanted in for questioning in this jurisdiction by the Gardaí, may be responsible for part of the losses suffered by the plaintiff in the purchase of a bar, with the court holding that both financial institutions and the fourth named defendant employee, who gave evidence, were not liable.
Plaintiff alleges second named defendant defrauded her in the context of their joint purchase and running of a pub - second defendant was an employee of the first defendant bank - fourth defendant was an employee of the third defendant bank and the plaintiff claims he engaged in a negligent misstatement by introducing her to the second defendant as a reliable person and was involved in the purchase of the pub - judgment deals with liability only - second defendant had fled the country after he had been arrested and interviewed in the course of a Garda investigation into his alleged fraudulent dealings with monies entrusted to him by a number of customers of the first named defendant - second defendant has not been located to date by the Gardaí and did not enter any appearance to these proceedings - proceedings were initiated in 2005 and relate to events that had taken place between 1999 and 2002 - outline and history of case - rejection of allegation of case of negligent misstatement against the third named defendant - vicarious liability of third and fourth defendants not established - no basis for personal injuries claim based on stress since 2002 - case of liability against first, third and fourth defendants has not been established.