The family home of a Dublin solicitor was so damaged by building work next door that it was rendered unsafe to live in and he had later sold it for some €900,000 less than its market value, the High Court was told yesterday.
Mr Rory MacCabe SC, for Mr Denis Murnaghan, was opening an action brought by Mr Murnaghan against Markland Holdings Limited (MHL), of Upper Fitzwilliam Street, Dublin, a development company involving the well-known developer Mr Sean Mulryan, and Cantier Construction Limited, a building firm with registered offices at Dominic Street, Limerick, which went into voluntary liquidation last year.
The case is being heard by Miss Justice Laffoy and is listed to last six days.
The proceedings arose after Cantier was contracted by MHL to build a three-storey apartment complex on lands owned by MHL at Leeson Close, which adjoin the house at Pembroke Place, Dublin, where Mr Murnaghan lived until last year with his wife, journalist Justine McCarthy, and their young son.
Mr Murnaghan claims the works caused such damage to his home that an engineer had advised him it was unsafe to live in. He and his family had lived in rented accommodation at Wellington Road, Dublin, before deciding to sell their home.
MHL denies the works carried out at Leeson Close damaged Mr Murnaghan's home. They further plead that, if the house was damaged, this was due to previous works by other parties not involved in the legal proceedings.
Cantier Construction Ltd is not contesting liability, but is challenging the extent of Mr Murnaghan's claim for damages and pleads Mr Murnaghan failed to take steps to mitigate his loss.
