An appeal is to be lodged over findings a couple were negligently exposed to chemicals after spray insulation was installed in their home and that they are entitled to €2 million damages.
The High Court's Mr Justice Kevin Cross granted a stay on Thursday on the full award payout and costs, in the event of an appeal against his judgment in the case, on condition €600,000 is paid out now to Patrick and Anita Duffy.
The insulation installer, who was found negligent, indicated an appeal is to be lodged against the court’s decision. The appeal will centre on the question of liability and the amount of the award.
In his main judgment, Mr Justice Cross said he had come to the conclusion beyond any doubt whatsoever that the couple sustained their life-altering serious injuries “as a result of exposure to chemicals”.
The probable cause was the foam that had been injected into the roof, he held.
Proper safeguards
The injuries were caused beyond a reasonable doubt by the exposure to the product as sprayed by the insulation installers, he said.
On the balance of probabilities, the judge found the injuries were due to exposure to Isocyanate.
He found the insulation foam product itself was “essentially safe” if properly applied with the proper safeguards.
However, he found the installer was negligent in failing to advise the Duffys they were required to be out of the house during the spraying, and for at least two hours afterwards, and in failing to communicate with them the potential risks and hazards involved in the product if the safeguards were not adhered to.
In their action, the couple claimed they were exposed to fumes and toxic chemicals and, with their young daughter, had to leave the dream home they had built near the sea in Donegal because they did not feel safe there. The family now live in a mobile home.
Insulation material
They paid €4,000 to have the insulation installed in their home four years ago.
The couple, of Meenderryowern, Annagry, Co Donegal, had sued Brendan McGee trading as McGee Insulation Services , Largenreach, Downings, Letterkenny, Co Donegal, who was responsible for the installation and application of spray foam insulation at the family home on February 18th, 2016.
They had also sued GMS Insulations Ltd, Legga, Moyne, Co Longford, which imports and supplies spray foam insulation material.
Mr Justice Cross previously granted an application to dismiss the case against GMS Insulations Ltd on the basis there was no evidence against GMS.
On Thursday, Mr Justice Cross granted the stay provided €300,000 each is paid to the Duffys within six weeks. He said the Court of Appeal is overburdened with work and it could take a year for the appeal to be heard and decided. The couple needed to get on with their lives and he had to balance matters in relation to both sides, he said.
