THE HIGH Court has awarded more than €400,000 in damages to a man whose Limerick city property was badly damaged and will have to be demolished as a result of works carried out for the city’s drainage scheme.
James O’Callaghan, Palmerstown Court, Mungret Street, had claimed that a property of his at Canal Bank, Clare Street, which he was renting out, was damaged by works to a canal as part of the scheme. He claimed the property, 10 metres from the canal wall, suffered severe structural cracks following works in 2004.
In November 2004, the house was boarded up and abandoned. It deteriorated in condition, was vandalised and would have to be demolished, he claimed. Experts on his behalf had assessed damages at more than €1 million.
Mr O’Callaghan sued Limerick County Council, Limerick-based firm Roadbridge Ltd and UK- based Murphy International Ltd. It was claimed the council appointed Roadbridge as contractor to carry out certain works as part of the scheme near Mr O’Callaghan’s property.
It was claimed Murphy International was hired in 2005 to install a cobblelock pathway along the canal bank and had used vibration equipment which, it was alleged, increased the cracking to the house. All of the defendants denied liability.
In his judgment yesterday, Mr Justice John Hedigan found Roadbridge was 75 per cent responsible, the council was 25 per cent responsible and Murphy International had no liability for any damage.
He found the damage to Mr O’Callaghan’s property was sustained during two stages of the works. In the first stage, Roadbridge was solely responsible for the damage, he found. He accepted the council’s claim that damage was caused by the manner in which Roadbridge carried on works adjacent to the property.