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Two young brothers, who fell ill after drinking expired Tesco milk, were offered compensation of 10,000 euros. The brothers, both minors, sued Tesco Ireland Limited, through their mother.
Judge Marie Quirke deferred approval of the settlement offer in the case in Dublin District Court until a date in November.
Paul O’Shea BL, for the couple, told Judge Quirke that the milk was purchased from Tesco in Ashbourne on December 29, three days after the bottle’s expiration date. The boys drank it the day after they bought it and suffered vomiting and diarrhea. One of the children was 10 years old. His GP diagnosed him with acute gastroenteritis when he examined them a day later.
Her mother went to the supermarket to complain and they offered her a bottle of fresh milk. Their children felt ill for two to three days but had no lasting effects, they told the court.
The court heard that there could have been an element of contributory negligence on the part of the mother, but Tesco acknowledged full liability.
insurance
Judge Quirke said the offer appeared to be a substantial sum given the injuries. He asked the lawyer what role the court had if it considered it too high. The lawyer said the court’s role was to make sure the offer was adequate.
It was agreed that it was high, but that was a decision made by the insurers, and the lawyer did not think that it was a matter that could interest the court. Judge Quirke asked if there were higher court decisions on whether the district court has a role in investigating the matter. He said he wanted to make sure he was applying the law correctly, especially when people were trying to run businesses and insurance premiums were very high, he added.
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