Two elderly sisters whose mid-terrace home was damaged when two adjacent houses were being demolished and rebuilt have been awarded damages of £38,494 in their High Court action against a builder.
Ms Angela O'Neill (70) and her sister, Elizabeth (76), of St Enda's Road, Terenure, Dublin, had sued Mr Michael Anglim, of Glendoher Avenue, Rathfarnham, Dublin.
The sisters claimed that Mr Anglim had demolished the two houses adjacent to theirs in May 1998, and rebuilt them between June 1998 and February 1999. They claimed some lateral movement had occurred and vibration levels were excessively high, causing structural damage. The claims were denied.
Giving his judgment yesterday, Mr Justice Smith said Mr Anglim should have replaced the support the demolished buildings had given with temporary support until the new houses could provide lateral support. This was not done and piling work had started, destabilising the O'Neill house.
Cracks were seen in some of the O'Neills' rooms. Plaster came away from some walls. Over the next 12 months, the cracks expanded and got worse, he said.
Ms Elizabeth O'Neill was ill in bed at the time, the judge noted. Her sister's quiet lifestyle was totally disrupted by the defendant's activities. If proper care had been taken with the demolition, it was probable that no damage would have been caused, the judge found.
Mr Justice Smith said Ms Angela O'Neill had had to live with the situation since June 1998. The home which was the "love of her life" was damaged. She lived with fear of it collapsing on her.
The damages award of £38,494 includes £25,295 towards the repairs, and the women were awarded their costs.