Elderly Cork flood victims ‘may die before ESB appeal ends’

The solicitor representing more than 100 victims of the 2009 Cork flood fears some of his elderly clients may not live to see the end of the ESB’s appeal of a landmark court ruling.

On the eve of the sixth anniversary of the flood and ahead of the expiry today of the six-year statute of limitations, Joe Noonan called on the company to drop its appeal and enter talks about compensation.

“Several clients are elderly and some have passed away since the flood. I have fears that others may not survive to see the end of the appeals process,” he said.

Following a lengthy action taken by University College Cork on behalf of its insurance company, Aviva, the High Court ruled the ESB was 60% liable for the damage to university property on the night of the flood.

The ESB’s appeal of the judgement could take years.

A raft of legal actions have been lodged against the company in recent days ahead of today’s statute of limitations deadline.

A total of 93 were lodged last week — 21 on Friday alone —many by Dublin-based solicitors representing insurance companies who paid out compensation after the flood.

The Courts Service website shows that as of last night, Cork City Council, Cork County Council, the HSE, Grassland Agro, Cork Medical Centre Management Company Ltd, Windsor Motors, Brookfield Leisure Ltd, Mardyke Leisure (UCC) Ltd, the Kingsley Hotel Ltd, Kenny Homes, the Samaritans, Coffee Station, Cubins Nightclub, Bladez, Foot Solutions and O’Dwyer Footwear and Textiles, are among the businesses alone taking proceedings against the ESB.

European Affairs Minister Dara Murphy was the lord mayor of Cork in 2009

Mr Noonan, who is representing dozens of flood-affected residents and several small business owners, said that by exercising its right to appeal, the ESB is imposing further delays on people who are frustrated that the company hasn’t accepted a High Court judge’s ruling which was issued after hearing evidence over 103 days, and following a forensic examination of that evidence over four years.

He was backed by European Affairs Minister Dara Murphy, who was the lord mayor of Cork in 2009.

He urged the ESB to show “some goodwill” and to engage with Cork residents and businesses about compensation.

“It is now time for the ESB to do the ‘right thing’ for the citizens of Cork, and engage with its customers, who are local residents and businesses,” he said.

The raft of cases facing the ESB could, if successful, leave the company facing damages running to tens of millions of euro.