News

Air-freshener firm sues Ryanair over ‘use of trademark’

The company whose founder created the ‘Little Trees’ car air freshener claims Ryanair has infringed its registered trademark.

Julius Sämann Ltd says the airline used an image for its car-rental service which is virtually identical to its Little Trees trademark for its product used the world over as a vehicle air freshener.

The Little Trees air freshener was created in New York in 1952 by Julius Sämann, a German-Jewish chemist who fled the Nazis.

He had worked in the Canadian pine forests researching the extraction of aromatic oils from pine needles.

In Commercial Court proceedings, the company, with an address in Switzerland, says the stylised tree image was used by Ryanair in its car rental booking service and in emails sent to customers.

It seeks damages or an account of profits in relation to the alleged use of the trademark by Ryanair. The airline says it has ceased using the image and does not intend to use it again.

However, Julius Sämann Ltd says Ryanair was not prepared to give an undertaking not use it again.

The company, counsel said, was seeking a declaration that the trademark had been infringed.

Mr Justice Robert Haughton said “with some reluctance” he was admitting the case to the fast-track commercial list as it was a commercial dispute.

Irish Independent

Child who ‘cries at sight of bus’ loses court claim for €15,000

A young boy who allegedly stopped talking and would not let his mother get on a bus after a minor accident when he was a baby has lost a €15,000 damages claim against Dublin Bus.

Libyan national Rasha Akkazah sued Dublin Bus on behalf of her son, Mohammed Ali, who was aged 18 months and in a buggy travelling on a bus at the time of an accident two years ago.

Ms Akkazah, of North King Street, Dublin, gave evidence before Judge Michael Coghlan in the civil hearings list at Dublin District Court.

In cross-examination by Tracey Ennis Faherty, counsel for Dublin Bus, she accepted the buggy never moved during the incident. She agreed a doctor’s report was obtained in November 2017 saying: “No further investigation required”.

Another doctor’s report said the boy was drastically affected and “still cries at the sight of buses”.

The mother told the court the boy now has a reaction to buses. She now travels by Luas.

Counsel said CCTV evidence showed the child was in a buggy at the time of the incident and he did not move and was dangling his feet. Other passengers didn’t move when the bus braked.

Judge Coghlan said the CCTV footage showed the bus in a lurching motion as if it braked and he did not have any evidence of a collision. Dismissing the claim, he directed that the plaintiff has to pay the defendant’s costs.

Irish Independent

Uninsured taxi driver lost his livelihood through ‘stupidity’

A TAXI driver caught on the road without insurance had been banned at the time for penalty points offences.

Muhammad Maqsood (32) was one month into the six month ban that had been automatically imposed.

A court heard he had ended up without his livelihood because of his own “stupidity”.

Judge Gerard Jones fined him €600 but did not ban him again.

Maqsood, with an address at Ballyowen Way, Lucan, pleaded guilty to uninsured driving.

Blanchardstown District Court heard a garda on duty at Bothar na Life, Clondalkin, at 1.15pm last April 26 stopped the accused when he saw him driving.

Maqsood’s car had a taxi sign displayed and the garda asked him to produce his documents.

He gave an undertaking to produce them later at a garda station and failed to do so.

The accused admitted he had been banned from driving and had received notification some weeks earlier.

There had been an insurance policy in place at the time and he had been paying a premium.

He had no previous convictions to his name.

Maqsood had a licence but was given a six-month disqualification between March and September and he was one month into that at the time he was stopped, his solicitor Wayne Kenny said.

Driving was his livelihood, and now as a result of his own “stupidity” he was unemployed, Mr Kenny said.

The accused was married, came from Pakistan and had been living in Ireland for the past seven years.

He initially came here to study, Mr Kenny said.

Judge Jones fined the accused but decided not to impose any additional disqualification

Irish Independent

The impasse over plans for a new family law court has deepened after Justice Minister Charlie Flanagan flatly ruled out increasing the budget available for the project.

The Courts Service and the Department of Justice have been at loggerheads in recent months over the costs of the proposed facility at Hammond Lane in Dublin. Court officials put forward a plan costing €140m, which would include new family courts and a new Supreme Court, but the department has been unwilling to pledge more than €80m.

Speaking to the Irish Independent, Mr Flanagan ruled out bridging the €60m gap.

“I firmly believe the Government has made available a sum which is sufficient to allow for a state of the art family law headquarters to be built on Hammond Lane,” said Mr Flanagan. “I would like to see the cranes on site at the earliest opportunity.”

The minister’s firm stance leaves the Courts Service with few options other than to submit more modest plans.

It is believed that even if the Supreme Court element is dropped, the family law aspect of the proposals would still have to be scaled back to meet the €80m budget.

Mr Flanagan said his priority was for a family law and children’s court, as current facilities were unsatisfactory and there were “security issues”.

The impasse over funding came to the fore last May when Chief Justice Frank Clarke, who chairs the Courts Service board, hit out at “dreadful conditions” in family law courts.

Mr Justice Clarke insisted it would be “a complete waste of a valuable State resource” if Hammond Lane was “not to be developed to the maximum extent permissible”.

He also argued that moving the Supreme Court to the new building would free up space in the Four Courts, which he described as “beyond breaking point” due to capacity issues.

It is understood there have been communications regarding the future of the project since the Chief Justice’s intervention, and possible solutions are being examined.

Irish Independent

CSO numbers show burden is four times higher than pre-crisis levels

Even with the rapid turnaround in employment and growth, Ireland still has one of the highest per capita debt levels in the world.

Central Statistics Office (CSO) figures, published on Friday, show it equates to €44,365 for every man, woman and child in the State or nearly €90,000 for every worker in the economy.

The per capita figure is calculated by taking the State’s national debt – €215 billion – and dividing it by the Republic’s population.

While this represents a slight reduction from the peak of €47,514 in the first quarter of 2013, it is still more than four times higher than the pre-crisis level of €10,667 recorded in first quarter of 2007.

The Government has been repeatedly warned that having such a large debt pile leaves the economy more at risk to shocks such as Brexit.

The figures show that General Government Net Debt stood at €215.5 billion at the end of the first quarter of this year, which equates to 65.6 per cent of gross domestic product (GDP), the standard measure of national income.

Level
This compares with a debt level of 63.6 per cent of GDP at the end of last year. The increase in the debt ratio is due mainly to increased net issuance of short-term and long-term debt securities of €3.6 billion and €4.7 billion respectively, the CSO said.

The head of the National Treasury Management Agency (NTMA) revealed earlier this month that the State has paid out more than €60 billion in interest on the national debt over the past decade.

That is three times the amount paid in the previous decade, NTMA chief executive Conor O’Kelly said.

The ultra-low interest rate environment has contributed to significant reductions in the amount of interest that the State is currently obliged to pay. The cost of servicing the debt has fallen to €5 billion this year, and will be in the region of €4.5 billion next year, some €3 billion less than it was in 2014.

The low rates have also allowed the NTMA to eliminate three so-called debt refinancing “chimneys” in 2018, 2019 and 2020 without any hiccups, putting the State’s debt refinancing requirements on a smoother trajectory.

Nonetheless experts and agencies warn that the European Central Bank’s low-rate policies will not last forever and that Ireland remains more acutely exposed to shocks and a cycle of rate rises because of its elevated debt level.

Mr O’Kelly said the only sustainable way of reducing the State’s monster debt was to continually run budget surpluses and to keep a tight rein on spending.

irishtimes.com

A WOMAN with a dental phobia who suffered a deep laceration to her tongue as a dentist repaired a filling has been awarded just over €88,000 by the High Court.

Mother-of-five, Mairead Molly O’Brien has been left with a 2cm squared patch of nerve damage and a burning, tingling sensation, which Mr Justice Anthony Barr said appears she will have to learn to live with for the rest of her life.

In particular, the judge said the Tipperary woman finds kissing “somewhat unpleasant.” 

Mr Justice Barr said the Ms O’Brien suffered a very painful and frightening experience as a result of the treatment which she received in April 2016.

She suffered a deep laceration when one of the instruments, most probably a polishing disc came into contact with her tongue.

Mairead Molly O’Brien (37), of Rathkenny, Drangan, Thurles, Co Tipperary, had sued dental surgeon Mairead O’Connor, who at the time practised at Callan Dental Practice, Co Kilkenny. Liability was accepted by the dentist, who issued a formal letter of apology in which she sincerely apologised for the injury suffered and that her response to the injury caused Ms O’Brien upset.

Making the award totalling €88,357, Mr Justice Barr said Ms O’Brien also suffered psychiatric sequelae in the form of PTSD graduating to her present condition of a moderate adjustment disorder.

Mr Justice Barr said having watched and listened carefully to Ms O’Brien give her evidence and having had regard to the evidence of her treating doctors and the documentary evidence in the case, he was entirely satisfied she had given a truthful account of her injuries and of her recovery to date.

“I am satisfied she has not in any way tried to exaggerate either her initial symptoms or her continuing difficulties,” the judge said.

The judge accepted Ms O’Brien has a continuing dental phobia and in an assessment as to whether she would be a person who would require sedation prior to receiving dental treatment she achieved a very high score.

Mr Justice Barr said in evidence that Ms O’Brien said she was in immediate excruciating pain after the incident and there was a considerable amount of blood. Ms O’Brien, the judge said, stated the dentist was “somewhat dismissive of the injury” and sutured the laceration under anaesthetic.

When asked for an apology the judge said it was prof erred by the dentist and a suggestion was made at one stage Ms O’Brien should suck on a piece of ice and that would relieve her pain “and keep her quiet”.

As the anaesthetic wore off the pain became more severe she later had to  go to hospital and was prescribed medication. She later complained of severe pain in her tongue, which lasted just over a week.

The woman, Mr Justice Barr said felt particularly aggrieved by the fact that no apology was forthcoming immediately after the incident until she specifically asked the dentist for one and that overall at the time she felt her treatment by the dentist made her feel very belittled.

The judge said whatever about the initial reaction by the dentist, credit has to be given for the way in which both the dentist and the owner of the dental practice subsequently reacted to the incident and Ms O Brien accepted in cross examination the dentist had tried to phone her when she was in A&E.

The owner of the dental practice and the dentist on different days in April 2016 also wrote letters of apology to Ms O’Brien.

“It is only fair to point out that both the dentist and the owner of the dental practice apologised and accepted responsibility for what happened to Ms O’Brien,” the judge said.

He said these actions showed both a compassion towards Ms O’Brien and her welfare and were in accordance with best medical practice in relation to how medical professionals should deal with things that go wrong in the course of treatment given by them.

Online Editors

A 32-year-old electrician who was knocked down by a car as he walked on a road near his home in the early hours and suffered a traumatic brain injury has settled his High Court action for €2.6m.

The court heard that Shane Vickers was wearing dark clothing and appeared to be “weaving” on the road in the moments before the accident shortly before 1am.

Mr Justice Kevin Cross approved the settlement, which represented 30pc of the full value of the case. Counsel for Mr Vickers, John Rogers SC, told the court the driver of the car said he thought something dark fell on his car like a tree and when he stopped and got out he noticed a person on the ground.

He said the man was wearing dark clothing.

Counsel said an independent witness who was travelling on the other side of the road said he had seen Mr Vickers walking in the middle of the opposite lane and he appeared to be walking from side to side.

The witness also said Mr Vickers was wearing dark clothing and was hard to see and he beeped at him to alert him to the danger.

He saw the oncoming car and when he looked in his mirror, Mr Vickers was already in the air.

Counsel said there was a footpath at the other side of the road.

Mr Vickers does not remember anything of the accident.

Mr Vickers, of Rockfield Park, Kilmacanogue, Co Wicklow, had sued car driver Andrew Moran, of Ripley Hills, Killarney Road, Bray, Co Wicklow, as a result of the accident on October 19, 2014, at Killarney Road, Bray, shortly before 1am.

He claimed the driver allegedly failed to keep an effective lookout and allegedly failed to see him in sufficient time so as to avoid the collision complained of.

The claims were denied and it was alleged there was contributory negligence on the part of Mr Vickers.

Approving the settlement, Mr Justice Kevin Cross said he was happy to hear Mr Vickers is making progress and he wished him all the best for the future.

The judge said he knew the settlement was not the full value of the case but he said it will give him some comfort into the future.

Irish Independent

Young boy trapped in lift gets €40,000

A seven-year-old boy, who was trapped in a lift for less than an hour, has been awarded damages of €40,000 in the Circuit Civil Court.

Circuit Court President Mr Justice Raymond Groarke heard that the lift had to be broken open after Jamie Ward, of Abbot Court, Cualanor, Dún Laoghaire, Co Dublin, had been trapped at the block of flats where he lived.

Barrister Siobhán Kelly, counsel for Jamie, told the court that the lift had suddenly lost power – leaving Jamie, now 10, and his father trapped inside. She said there had been unsuccessful attempts to open the doors by his dad and others trapped inside.

Ms Kelly said that after five minutes Jamie, who sued the lift company and the flats complex through his father, John Ward, had panicked when an alarm had sounded, causing further distress. He suffered from asthma and his father, on the emergency phone, warned that the lift was becoming extremely hot inside.

Ms Kelly said that only on the fourth alarm call had Mr Ward been informed the fire brigade had not been alerted.

But after 40 minutes the emergency services had arrived, went to the floor above and eventually the trapped people were rescued.

The joint defendants, Limerick-based Orona Midwestern Lifts Limited and Wyse Property Management Ltd, Dublin made a settlement offer of €40,000, which was approved.

Irish Independent

Man who fell from car park while on psychiatric release settles with HSE for €7m over ‘appalling spinal injury’

A man who was released on a day pass from a psychiatric unit and later fell from a multi-storey car park has settled his High Court action against the HSE for €7.25m.

Andrew Curtin ran from his mother’s car in Limerick city in 2011 and into a multi-storey car park, where he fell from the first floor and suffered “appalling injuries” to his spine, the court heard.

Liability was admitted by the HSE.

Mr Curtin had been admitted to the hospital unit after coming off his medication for a condition diagnosed nine years earlier of depression with psychotic features.

It was claimed that two days before he got his day release pass, Mr Curtin had been regarded as “high risk”.

Mr Curtin, who is 35 and uses a wheelchair, told the court he is well and said he has seen sense in relation to staying on his medication.

He was in court with his mother Ann, who six years ago was named Carer of the Year by the Carers Association for looking after her son and her husband Michael, who has since died.

A separate legal action brought by Ms Curtin for nervous shock over the incident is still before the courts.

Andrew Curtin, of Ballinacurra Gardens, Limerick, sued the HSE over the incident on September 14, 2011.

He had been an inpatient of the psychiatric unit of the Mid-Western Regional Hospital, Dooradoyle, Limerick, from September 5 to September 14, 2011.

His counsel, John O’Mahony, told the court it was a very tragic case where Mr Curtin began to suffer depression with psychotic features.

Mr Curtin graduated and also studied for an MA and was “episode-free” for six years. In May 2011 he decided to come off his medication and appeared to be doing well until August that year.

He became unwell on September 5, 2011 and was admitted to hospital.

It was claimed that on September 12 the view was formed that Mr Curtin should not have come off his medication and that he was “high risk”. However, he requested and was given a day release pass for September 14.

Counsel said his family were apprehensive about the day pass.

Ms Curtin picked her son up in the car and brought him to Limerick city to collect his father.

It was claimed Andrew released the safety catch on the door of the car and ran down the street to the car park.

Counsel said Mr Curtin fell from a height to the ground. He said Andrew has been living in a nursing home, and would now like to live at home.

Mr Justice Kevin Cross approved the settlement and wished Mr Curtin all the best.

Irish Independent

Man who suffered brain injury in road accident settles for €2.6m

A 32-year-old electrician who was knocked down by a car as he walked on a road near his home in the early hours and suffered a traumatic brain injury has settled his High Court action for €2.6m.

The court heard that Shane Vickers was wearing dark clothing and appeared to be “weaving” on the road in the moments before the accident shortly before 1am.

Mr Justice Kevin Cross approved the settlement, which represented 30pc of the full value of the case. Counsel for Mr Vickers, John Rogers SC, told the court the driver of the car said he thought something dark fell on his car like a tree and when he stopped and got out he noticed a person on the ground.

He said the man was wearing dark clothing.

Counsel said an independent witness who was travelling on the other side of the road said he had seen Mr Vickers walking in the middle of the opposite lane and he appeared to be walking from side to side.

The witness also said Mr Vickers was wearing dark clothing and was hard to see and he beeped at him to alert him to the danger.

He saw the oncoming car and when he looked in his mirror, Mr Vickers was already in the air.

Counsel said there was a footpath at the other side of the road.

Mr Vickers does not remember anything of the accident.

Mr Vickers, of Rockfield Park, Kilmacanogue, Co Wicklow, had sued car driver Andrew Moran, of Ripley Hills, Killarney Road, Bray, Co Wicklow, as a result of the accident on October 19, 2014, at Killarney Road, Bray, shortly before 1am.

He claimed the driver allegedly failed to keep an effective lookout and allegedly failed to see him in sufficient time so as to avoid the collision complained of.

The claims were denied and it was alleged there was contributory negligence on the part of Mr Vickers.

Approving the settlement, Mr Justice Kevin Cross said he was happy to hear Mr Vickers is making progress and he wished him all the best for the future.

The judge said he knew the settlement was not the full value of the case but he said it will give him some comfort into the future.

Irish Independent