Ryanair, which is facing a €60,000 damages claim on behalf of a child who was scalded during a flight from Shannon to Wroclaw in Poland, has alleged that his grandmother was responsible for spilling a hot drink on him.
County Registrar Patricia Hickey was asked today to add Kacper Jacacki’s grandmother, Wanda Domzalska, formerly of Railway Meadow, Townspark, Longford, as a third party in her grandson’s personal injuries case, reports RTE.
In written evidence, Ryanair solicitor Daniela Sabolova said it had been alleged that airline staff had caused Ms Domzalska, identified as the child’s guardian on the flight and seated beside him, to spill the hot drink over him.
Ms Sabolova said Ryanair had submitted a full defence in the proceedings, denying that the boy had any cause of action against the airline and contending that any potential claim lay instead against his grandmother and guardian on the flight, reports RTE.
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Ms Hickey was told that the child sustained second-degree burns and had specifically claimed that it was his grandmother’s hot beverage that spilled onto him.
Ms Sabolova stated that the drink had been served to the grandmother and alleged that the injuries were the result of acts or omissions on her part, reports RTE.
She further said the grandmother owed a duty of care to her grandson in circumstances where she was acting as his guardian and was ‘in loco parentis’ (in charge) of him during the flight.
Solicitors acting for the boy and his father, Tomasz Jacacki, described “such an unmeritorious and unworthy application” to join the grandmother as a third party to the proceedings as something that should never have arisen, reports RTE.
Barrister Shane English, appearing with Rebekah Tutty BL on behalf of Ryanair, told Ms Hickey that it was for the defendant or the court to determine whether a third party should be joined to the proceedings.
“What has been stated is outrageously egregious to my client and were the remarks not contained in a legal document I would be saying they were defamatory of my client,” Mr English said, reports RTE.
The county registrar granted an adjournment of the application to join the grandmother to the proceedings to allow Ryanair to submit a replying affidavit addressing the objection.
It was stated that the boy’s grandmother is now living in Poland, reports RTE.
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