Court of Appeal allows appeal of High Court award of €75,000 by way of general damages in respect of injuries received by the plaintiff on the premises of a bar after her finger became trapped in an automatic door, on the grounds that: 1) the trial judge was not correct to conclude that in setting the closing speed for an automatic door at other than the slowest possible speed, the defendant had failed in its duty to protect customers such as the plaintiff from foreseeable injury; 2) there was no evidential basis upon which the trial judge was entitled to make a finding of liability as against the defendant; and 3) the plaintiff must be considered to be the author of her own misfortune in this case.
Personal injuries – negligence – appeal of High Court award of €75,000 by way of general damages in respect of injuries received by her on the premises of the Oliver Plunkett bar – whether in setting the closing speed for an automatic door at other than the slowest possible speed the defendant had failed in its duty to protect customers such as Ms. O’Flynn from foreseeable injury – functioning of automatic door – trial judge found the defendant liable for Ms. O’Flynn’s injuries was that he concluded that there had to be a difference in the calibration for spring-loaded doors – role of the appellant court – nature of the claim – there was no evidential basis upon which the trial judge was entitled to make a finding of liability as against the defendant – contributory negligence – Ms. O’Flynn must be considered to be the author of her own misfortune – there was no basis upon which the High Court judge was lawfully entitled to conclude that the defendant had any responsibility for this plaintiff’s unfortunate injury – appeal allowed.