Couple awarded € 2 million in compensation for exposure to toxic spray foam chemicals
Hartnett Hayes Solicitors represented Patrick & Anita Duffy in a 15-day trial before the High Court which ultimately was appealed to the Court of Appeal. Both the High Court and the Court of Appeal held in favour of our clients and awarded them € 2 million in compensation in respect of their exposure to toxic chemicals during a spray foam insulation service provided by the Defendants.
The Plaintiff’s claimed that they were exposed to toxic fumes and chemicals and that they and their young daughter had to leave the home that they had built. The injuries as suffered were described by a medical expert in the case as very serious and life-changing and the three-Judge court in the Court of Appeal noted that the Duffy’s injuries were described as catastrophic and did not disagree with that term.
The Duffy’s of Meenderryowen, Annagry had sued Brendan McGee, T/A McGee Installation Services of Downings, Letterkenny who was responsible for the installation and the application of the spray foam insulation in the family home in 2016. In the High Court, Mr Justice Kevin Cross said he had come to the conclusion that beyond any doubt whatsoever, Mr & Mrs Duffy had sustained their life-altering serious injuries as a result of exposure to chemicals. The injuries the Court found were caused beyond a reasonable doubt by exposure to the product as sprayed by the installation installers and the nature and extent of the injuries were due to an exposure of isocyanate.
The case was appealed to the Court of Appeal where Mr Justice Noonan sitting with Mr Justice Morris Collins and Mr Justice Donald Binchy, recorded that they were satisfied that Mr Mc Gee was negligent and that his negligence caused the Duffy’s injuries.
Hartnett Hayes pursued this claim for catastrophic injuries on behalf of the Plaintiff’s with unwavering commitment and diligence. On review of the case an expert Legal Cost Accountant described the work as a magnificent compendium of trial work. The case has provided precedent to all solicitors who are involved in litigation and particularly in the use of expert witnesses.
