A High Court judge yesterday dismissed a claim for damages by a woman whose dressing gown caught fire. Ms Mary Larkin (46), of Lusmagh, Banagher, Co Offaly, had brought an action against CV Apparel Ltd, who it was alleged manufactured the dressing gown, with an address at Sutton in Ashfield, Nottinghamshire; Coates Viyella (Insurance) Ltd, Wellington Street, Glasgow; and Heatons Ltd, Church Street, Athlone, Co Westmeath.
Ms Larkin claimed she was alone in her sister's house on January 13th, 1991, wearing a dressing gown bought by her mother in 1983, when burning coal fell from a fire on to the hearth. She reached for a tongs and the bottom of her dressing gown caught fire.
Mr Justice Kearns said counsel for one of the defendants had pointed out that Ms Larkin had stated that, even if there had been a fire-warning label on the gown, she would have done the same thing. If a label would not have affected her actions he could not hold that she had established a prima facie case on the issue of causation.