Residents and business owners in Cork have welcomed the outcome of University College Cork’s High Court case for damages against the ESB following the 2009 flooding in the city.
Mr Justice Max Barrett ruled the ESB, as the operator of the Inniscarra and Carrigadrohid hydro-electric dams in the Lee Valley, was 60 per cent liable for damage caused to UCC property in the floods of November 2009.
Heavy rains led to flooding in the valley and the ESB said it had no option but to increase discharge levels at Inniscarra to an unprecedented 535 cubic metres a second to avoid uncontrolled flooding as water was entering the catchment at 800 cubic metres per second.
The discharge led to heavy flooding of the western side of Cork city with the waters engulfing the Carrigrohane Straight, the Western Road, the Mardyke and much of the Marsh area all the way down to Washington Street and the Grand Parade. The flooding affected UCC properties, including the Lewis Glucksmann Gallery, the Western Gateway building and the Mardyke Sports Complex.
Safety of people
The ESB in a statement stressed its main priority on the night was the safety of people downstream of the dam. The inflow of water into the Lee catchment during November 2009 was the worst since records began, it added.
Asked if the company was considering appealing the ruling, a spokesman said its legal team was studying the court judgment of 550 pages.
UCC, which had brought the subrogated claim on behalf of its insurer, Aviva, welcomed the judgment and said it provided an important clarification on the obligations of dam operators and property owners in the sphere of flood management. UCC said the response of its staff to the flooding on the night of November 19th, 2009, was exemplary and ensured the safety of all staff and students.
Flood protection
“UCC has full confidence in its staff, in particular in their role in the development of the campus. UCC has put in place significant flood protection works since the 2009 event to enhance the safety of staff and students and the protection of the campus.”
Among those watching the UCC case closely was solicitor Joe Noonan, who has brought actions on behalf of approximately 40 residents of the Mardyke, the Marsh and Middle Parish areas and the Lee Valley, who found their homes under several feet of water on the night of the flooding.
“It’s very good news on the face of it. We have always believed that the ESB was responsible, despite their denials.
“While the full judgment is awaited, it appears likely that the contributory negligence finding may relate to factors that were unique to UCC.”
Mr Noonan said he estimated that the claims from clients he represented could amount to several million euro.
He said some clients had suffered substantial damage to their properties, with the repair and clean-up costs reaching more than €100,000.
