A solicitor says a Court of Appeal hearing which upheld a €2 million award to a West Donegal couple has created a very important legal precedent in terms of the use of expert witnesses in personal injury cases.
In 2020, Patrick and Anita Duffy were awarded the money in the High Court after successfully claiming they were exposed to toxic chemicals from spray foam insulation in their home.
The process used a chemical which is highly dangerous, and the couple were not advised to leave the house, and they now have life changing respiratory injuries, which in Patrick’s case were described as ‘catastrophic’.
The Duffys, of Meenderryowern , Annagry, had sued Brendan McGee trading as McGee Insulation Services, Largenreach, Downings, who was responsible for the installation and the application of spray foam insulation at the family home on February 18th, 2016.
In his judgement in the High Court, Mr Justice Kevin Cross he was in no doubt that the Duffys had sustained life altering serious injuries as a result of exposure to chemicals.
The award was subsequently appealed by Brendan McGee, and earlier this month, the Court of Appeal upheld the award.
In particular, the court of appeal criticised an expert witnesses called by the defendent, saying there was an absence of objectivity and impartiality.
Cormac Harnett, the Duffys’ solicitor says that’s a very significant development.
He’s been outlining the details of the case………..
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