Judge Marie Quirke adjourned approving the settlement offer in the case at Dublin District Court until a date in November.
Paul O’Shea BL, for the pair, told Judge Quirke the milk was bought from Tesco in Ashbourne on December 29th last, three days after the expiry date on the bottle. The boys drank it a day after it was bought and suffered vomiting and diarrhoea. One of the boys was aged 10. Their GP diagnosed acute gastroenteritis when he examined them a day later.
Their mother went to the supermarket to complain and was offered a fresh bottle of milk. Her sons felt ill for two of three days but did not have long lasting effects, the court was told.
The court heard that there could have been an element of contributory negligence by the mother but Tesco had conceded full liability.
Insurance
Judge Quirke said the offer seemed to be a substantial sum given the injuries. She asked counsel what role the court had if it considered it was too high. Counsel said the court’s role was to be satisfied the offer was adequate.
It was agreed it was high but that was a decision made by the insurers, and counsel did not think that was a matter with which the court could concern itself. Judge Quirke asked if there were superior court decisions on whether the district court has a role to investigate the matter. She said wanted to ensure she was applying the law correctly particularly when people were trying to run businesses and insurance premiums are very high, she added.
