Court of Appeal dismisses appeal on negligence claim against Dublin Airport Authority regarding passenger injury.
Irlanda (IE)
Sintesi Legislator
Generato dall'IAThe Court of Appeal unanimously dismissed the appellant's appeal against the lower court's decision in favor of the respondent. The respondent, Teresa Bell, alleged negligence by the Dublin Airport Authority PLC leading to her injury, while the authority argued against liability. The court agreed with the President that the negligence claim failed and reserved further analysis on the interplay between the Montreal Convention and EU Regulation 2027/97 for future necessity.
Regesto Legislator
Generato dall'IAArticles 4 of Regulation 2027/97 (EC) and the Montreal Convention; The court held that an appeal against a finding of no negligence in a passenger injury case must be dismissed unless the lower court erred in law or fact.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IATesto completo
THE COURT OF APPEAL
Neutral Citation Number: [2016] IECA 384
Ryan P.
Sheehan J.
Hogan J.
[2014/1142]
BETWEEN /
TERESA BELL
PLAINTIFF /
RESPONDENT
- AND –
DUBLIN AIRPORT AUTHORITY PLC
DEFENDANT /
APPELLANT
JUDGMENT of Mr. Justice Gerard Hogan delivered on the 15th day of December 2016
1. I have had the opportunity of reading the judgment which has just been delivered by Ryan P.. As I entirely agree with his
conclusions in relation to the claim of negligence it is plain that this appeal should stand dismissed.
2. In these circumstances I do not think it is strictly necessary to address the questions of the relationship between the Montreal
Convention and Article 4 of Regulation 2027/97 (EC). From my part I would prefer to reserve judgment on this particular issue to a
case where it proves necessary to decide this particular point.
3. As I have just indicated, I otherwise entirely agree with the judgment of the President and the order which he proposes.