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A 25-YEAR-OLD LAW student, who claimed she broke her left little finger and lost her nail when a “heavy” store door slammed on her hand, has lost a €60,000 damages claim in the Circuit Civil Court.
Judge Jaqueline Linnane said she was satisfied the entrance door at Polonez, Cork Street, Dublin, had not been defective and Laurentia Racu had been the author of her own misfortune.
Judge Linnane said Racu claimed that in November 2013 she used the handle on the store door to push it open, walked in and turned around to guide the door closed with her left hand.
Her finger was caught in the closing edge of the door, which her nail left hanging. She had later been taken by ambulance to St James’s Hospital where x-rays revealed a fracture in her finger.
Racu, with an address at The Mill, Riversquare, Dublin, claimed the door had been heavy and swung back in a “speedy” manner. She had been working as a hotel receptionist at the time and had been off work for one week.
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Inspection
The judge today said Racu had told in evidence she had been familiar with the store and had been concerned the door swung back. Racu said she had been afraid it would hit somebody, even though nobody had been behind her.
The judge said it was the defendant’s case that Racu had been hesitant when she entered the store and had been trying to remove earphones from her ears as she walked in.
The store denied the door had been altered when a joint engineers’ inspection took place last year and it claimed Racu had been inattentive and careless when her “unfortunate” accident happened.
Judge Linnane told Sarah Corcoran, for Mordern House Limited, which owns the store, the joint inspection had revealed no defect in the door.
The judge said it was very clear from the engineering evidence that the door had handles both on the outside and on the inside.
“If Ms Racu was so concerned about the door swinging back and hitting somebody, although there was no one behind her, she should have used the inside handle,” the judge said.
Judge Linnane dismissed Racu’s case and awarded legal costs against her.
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The last thing you should do is listen to ordinary people’s opinions on complex technical topics. Look at Brexit.
Listen to what the technical experts are saying, and they are all to a man saying that Cork city needs to be extended to give it a critical mass which is important for many reasons.
@Fred Jensen: at the cost of the county though. Even the financial rebate being proposed is only for 5 years before review and doesn’t factor in lost revenue to the county council from developments they have already partially paid for.
There is also a concern the the financial model maybe unachievable in the short term for the city council
Majority of ordinary people in the county are dead set against the city council taking over. Increase in rates…no or little investment in these new areas…theyll become back waters.
@Tony Skillington: the extended City Council should have more money to spend as it wouldn’t have to subsidise the rest of the county council. The council of course might struggle
@Tony Skillington: are they? Must people living in Douglas probably aren’t even aware that they are in fact living in the county. The county would have a stronger case if they hadn’t been pushing people out to far flung places to live. Cork is relatively small yet they seem to think living in Mallow and commuting would be better than living near the city.
@Gary Heslin: limerick city doesn’t exist. It is now part of the county limerick. But the old boundary had a greater land area than Cork city has presently with half the population.
@prop joe: Incorrect. Limerick City still exists. It may be a unity authority with the county but it still has a border, as such. Population including suburbs 95k.
@sportsmad: like must urban areas it is governed locally. The counties we have presently where drawn up by the British 400 hundred years ago and don’t really make sense anymore. We should look at all county boundaries.
@Colm O’Sullivan: I would like to see from west clare to the cork border, from north tipp to the cork border and east waterford to the cork border all come under the cork banner.
It has a bigger population than half of the counties in Ireland as it is, if the proposed expansion is approved, only 2 counties in the Republic will have a bigger population.
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