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A Superior Court judge has told attorneys to “think outside the box” when taking personal injury cases to court during the pandemic.
The call came when a second personal injury action was not opened in Superior Court, as the assigned courtroom would have exceeded capacity under Covid-19 regulations.
Judge Michael Hanna spoke when the case of a 24-year-old man, who claimed he was injured while playing paintball, was dropped because the number of staff combined on opposite sides meant the maximum capacity set for the courtroom, 11 people could be surpassed.
Two weeks ago, another personal injury action was postponed after being assigned to the same courtroom.
In the latter case, Daniel Nolan, who claims to have lost central vision in one eye, has filed a lawsuit in connection with the alleged incident two years ago.
The personnel involved exceeded 11.
Richard Kean SC, instructed by attorney David Harrington, told the judge that both parties needed their legal teams, experts and witnesses in court and that this would cause the courtroom to exceed the capacity allowed.
Liability was high at stake in the case, the attorney said.
He said there could be a situation where a daily transcript of the evidence was given to everyone involved, but that it would be a “pointless” situation as far as cost is concerned.
Judge Hanna said she disagreed. She said that we are in the midst of a pandemic, that getting an action heard was “worthy of appreciation.”
He also referred to the “turtle rate of delays” in relation to personal injury cases.
The judge said he wanted to comply with regulations that set the maximum capacity of his courtroom at eleven, including the judge, the clerk, the stenographer, a member of the press, the legal teams of both parties and the parties involved.
He said attorneys could set up a room where witnesses can hear evidence without being in the courtroom and legal teams “have to start thinking outside the box.”
Nolan, Rafters Road, Drimnagh, Dublin has sued Special Ops Paintball Ltd, Kilcroney Lane, Bray Co Wicklow as a result of the alleged accident on April 29, 2018.
Nolan says he was attending a paintball session with co-workers when he allegedly suffered a significant eye injury.
He claimed that he was provided with protective goggles in a supposedly dangerous and faulty condition.
He claimed that the goggles were allegedly constantly fogging up, preventing him from seeing, and it is alleged that he did not remove the paintball gun when the instructor allegedly ordered him to remove his goggles and clean them.
Mr. Nolan has also alleged an alleged failure to instruct him properly or at all regarding the safe operation of the paintball gun.
The claims are denied and the paintball company contends that Mr. Nolan signed a disclaimer agreeing to wear his goggles at all times in the play area.
Furthermore, it is alleged that Mr. Nolan removed his goggles in contravention of the lengthy and repeated safety instructions given to him and was the author of his own misfortune.
The case is not likely to return to court for another four weeks.
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