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High Court, in personal injuries proceedings, awards damages in the sum of €40,615 to plaintiff tenant who sustained injuries to her neck and back arising from the partial collapse of plasterwork from the kitchen ceiling of a property owned by the defendant landlord, where the landlord: a) was made aware in advance of the need to make repairs but failed to do so; and b) accepted responsibility for such repair at trial.
Personal injuries - whether plaintiff tenant suffered injuries resulting in partial collapse of kitchen ceiling owned by defendant landlord - plasterwork fell onto head and neck - liability - prior complaints notified to defendant regarding state of ceiling - no steps taken by defendant to make repairs - liability must therefore rest with defendant - quantum - plaintiff preparing meal at time - phone messages between parties at material time - plaintiff's contemporaneous account - medical evidence - onset of further symptoms in weeks following incident - general damages for pain and suffering to date of €30,000; and general damages into the future in the sum of €10,000; together with agreed special damages in the sum of €615.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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