Postman's painful kick worth €15,000

[TrueBlueTerrier]

http://www.independent.ie/national-news ... 13090.html



By Ray Managh

Thursday October 30 2008

A POSTMAN has been awarded €15,000 damages after injuring his foot while kicking out at a dog which went for him.

Sam the black mongrel loved children but not postmen, a court was told yesterday.

Judge Jacqueline Linnane heard in the Circuit Civil Court that dog owner Fidelma Raleigh was told by postman Aidan Fitzsimons several years ago that he would not deliver mail to her home unless Sam was kept inside.

She agreed to keep the dog indoors until Mr Fitzsimons had completed his rounds in St Gabriels, Cabinteely, Co Dublin.

Judge Linnane heard all had gone well until Mr Fitzsimons's summer break in August 2006. He had been temporarily replaced by a colleague, Peter Neary, who did his mail round in St Gabriels in late afternoons, when Sam was left outside.

Mr Neary told his counsel, Conor Bowman, that on August 28, 2006, Sam had run at him out of Mrs Raleigh's driveway.

"It looked as if he was attacking me and it was a case of kick or get bitten," Mr Neary told Mr Bowman. "I lunged a kick at him with my left foot and caught him on the jaw."

Mr Neary said the dog did not have time to get in a bite on him but he had injured his foot and had been left on crutches for three weeks. He had also been off work for five weeks.

Mrs Raleigh said Sam was 14 years old at the time, arthritic in his spine and back legs, and had to be lifted in and out of the family car. He had died a year after the incident.

"I could not believe it was Sam who attacked Mr Neary. He could just about run the few yards to the end of the driveway but he could not jump," she said.

Judge Linnane, awarding Mr Neary €15,000 damages, said she was satisfied it had been Mrs Raleigh's dog which had been involved in the incident.

- Ray Managh