Friday, February 26, 2016

Nurse suing Ryanair for scar on her nose after a bottle fell from overhead locker

  • Victoria Fox had merely landed at Dublin Airport complying with a flight from Rome
  • Co-passenger believed to have actually dislodged a bottle which hit Fox in the face
  • Plans for her 40th birthday were cancelled as a result of her appearance
  • Liability for the accident in March last year has actually been conceded by Ryanair

Georgia Diebelius

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Saurya Cherfi

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Helen Bruce For Mailonline

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A woman is suing Ryanair after a bottle of spirits fell from a plane’s overhead locker and hit her on the nose – causing her to cancel her birthday celebrations.

Student psychiatric nurse, Victoria Fox from Ireland, had merely landed at Dublin Airport complying with a flight from Rome, where she had celebrated her 40th birthday along with her husband.

As a co-passenger opened the locker and began to pull at his bag, a bottle is believed to have actually become dislodged and hit Fox in the face – prompting her to ‘scream and shake in shock’ as a pool of blood formed on the chair beside.

Fox told the court that following the accident she experienced 'whopping' headaches that went on for months and that she continues to be distressed by the scar on the bridge of her nose

Fox told the court that complying with the accident she suffered ‘whopping’ headaches that went on for months and that she continues to be distressed by the scar on the bridge of her nose

Appearing at the Higher Court in Dublin yesterday, Fox said that a number of social events planned for her 40th birthday were cancelled as a result of her appearance immediately after the accident. 

The judge in the case agreed that the bottle had caused a slight scar, but he did not believe it was disfiguring.

During the hearing, Fox said: ‘It’s the initial thing I see as soon as I get hold of up in the morning, and the last thing I see at night.’

She likewise told the Higher Court that complying with the accident she suffered ‘whopping’ headaches that went on for months and that she continues to be distressed by the scar on the bridge of her nose.

Opening the case, Michael Byrne SC, for Fox, said the accident had occurred after the Ryanair plane touched down in Ireland on its return from Rome. 

Liability for the accident involving mother of two from Ringsend has been conceded by Irish airline, Ryanair

Liability for the accident involving mother of two from Ringsend has actually been conceded by Irish airline, Ryanair

Victoria Fox had just landed  in Dublin from Rome

Student psychiatric nurse, Victoria Fox from Ireland, had merely landed at Dublin Airport from Rome

He said an additional passenger had stood up and begun to remove his bag from the overhead bins, as soon as he dislodged a plastic bag containing a bottle, believed to hold spirits, that was likewise in the locker.

Byrne said this bottle struck his client on the nose as she sat in her aisle seat, resulting in a lot of blood which pooled on a chair beside her. 

He added: ‘The plaintiff got a bang right on the bridge of her nose.

‘It was pretty upsetting for her.’

An ambulance was called yet Fox was told by the ambulance staff that, as a trainee nurse, she could return house and monitor her cut herself.

She was warned to expect black eyes and headaches, Mr Byrne said.

Fox told the court she had let out a scream as soon as the bottle hit her and that she had been shaking along with shock.

She said that even though she had been warned concerning the chance of headaches, she had ‘never expected them to be as prolonged and severe as they were’. 

Fox likewise added they had impeded her studying for her Trinity College exams that spring, that they had caused her substantial complications until April, and were still intermittently returning up until Christmas.

Under cross-examination, she agreed that there was no evidence that her nose had been fractured or broken, yet she disputed expert evidence that the scar was only noticeable on close inspection.

While giving his preliminary observations, Judge Bernard Barton said he believed the scar was not significantly disfiguring, yet it was visible and discernible. He said its length was between 1.2cm and 2cm.

He said the bruising immediately after the accident was significant, as were the headaches, yet that the scar was healing ‘slowly yet surely’. 

Another passenger is believed to have stood up and removed his bag from the overhead bins, when he dislodged a plastic bag containing a bottle, believed to hold spirits, that was also in the locker

Another passenger is believed to have actually stood up and removed his bag from the overhead bins, as soon as he dislodged a plastic bag containing a bottle, believed to hold spirits, that was likewise in the locker

Judge Barton had been concerning to deliver judgement in the case, which came prior to the court for the assessment of loss only, yet a legal dispute arose over whether he could take mental and emotional distress in to account as soon as awarding compensation to Fox.

Liability for the accident involving the mother of two from Ringsend has actually been conceded by Ryanair.

Ryanair mentioned through its counsel that the case had not been brought as a standard personal injuries case, yet had been pleaded under the Montreal Convention – a set of rules relating to the global carriage of passengers, baggage and cargo.

The case will certainly go on on Tuesday, as soon as the court will certainly hear legal argument concerning whether compensation for distress and upset caused can easily form a portion of the current case.

€19K loss FOR FLYER that ‘Experienced WHIPLASH’ ON RYANAIR FLIGHT

In a divide case, a woman that claimed she Experienced whiplash injuries Throughout the heavy landing of a Ryanair plane in which a tyre burst, has actually been awarded a lot more compared to €19,000 (£15,000) damages.

Rose Collins, 27, told the Circuit Civil Court that in February 2012 she had been on a London-to- Dublin flight.

She said that Throughout the landing at Dublin Airport, the plane bounced a couple times on the runway, skidded and came to a sharp halt.

Collins, an IT worker, said she had been thrown forward and her head hit the seat in front of her.

The court heard that a tyre on the plane had blown out.

She said: ‘I’ve never been on a landing love that, smacking my face on the seat in front of me,’

She had later created pain in her neck, shoulders and lower spine and had attended her GP.

Collins, along with a previous address in Dundalk, and that now lives in Las Vegas, said she had had to leave the task she joined at the time as a result of her spine pain.

She sued Ryanair Holding Plc for negligence. Ryanair had claimed the landing had been a soft one. However, Collins’s barrister, Robert Fitzpatrick, said Ryanair had accepted liability and that her case had become an assessment of the loss only. Collins was awarded €19,220.



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