Cork businesses sue ESB over 2009 flood damage

Businesses across Cork have lodged legal proceedings against the ESB over €90 million in flood damage suffered back in 2009 ahead of the expiry this Thursday of a six-year statute of limitations.

Some 21 new proceedings were initiated on Friday alone, with a total of 93 actions lodged last week, according to information on the Courts Service website.

That brings the number claiming compensation over damage caused by the flood to more than 130.

Among those who have lodged claims after the High Court ruled against the ESB in an action taken by University College Cork on behalf of its insurance company, Aviva, are prominent local businessman Anthony Dinan and the Health Service Executive.

Operation of dams

Also pursuing the ESB are the Mardyke Leisure Centre, Cork Student Village, the Kingsley Hotel, the Garnish House guesthouse, the Art McBride’s pub and a local Topaz service station are among those to have lodged proceedings against the utility company over its operation of dams on the river Lee.

Other local businesses to issue proceedings include cafe Coffee Station, barbers Bladez, retailer Foot Solutions and O’Dwyer Footwear and Textiles.

At least 40 residents of the Mardyke area had earlier lodged actions.

These cases, if successful, could prove costly for the ESB. Insurance companies are estimated to have paid out about €90 million as a result of the November 2009 floods in the city.

Aviva paid out €34 million in related claims, with €20 million relating to flood damage suffered by UCC and €14 million relating to claims made by other customers.

Among the other major buildings damaged in the floods were the Washington Street courthouse and the Mercy University Hospital.

Sixty per cent liable

After a 104-day hearing, Mr Justice

Max Barrett

ruled in October that the ESB was 60 per cent liable for extensive damage to several UCC buildings caused by floods.

The university had argued that the manner in which the ESB released water from two hydroelectric dams following heavy rainfall led to unnecessary additional flooding which caused substantial damage.

The ESB has decided to appeal the judgment, with chief executive Pat O’Doherty last month saying it continued to believe its operation of the dams “complies with best international practice and with our statutory duties”.