THE High Court has put a stay on payment of a €25,000 award over rat infestation of a couple’s two Toyota cars pending the outcome of the company’s appeal against that award.Toyota Ireland Ltd agreed yesterday to lodge in court the amount of the award, made last week at the Circuit Court to Ina and Alan Dempsey. The stay applies pending the appeal to the High Court listed for February.
The Dempseys, of Cummer, Corofin, Co Galway had bought two new diesel Avensis cars, one in March 2006 and the other in April 2007, from Tom Hogan Motors Ltd (in voluntary liquidation), Ballybrit, Galway.
A pest controller found rat droppings all over both cars and pools of rat urine in the side pockets of the car boots.
Aongus Ó Brolchain SC, for Toyota, said it wanted the stay because they were appealing the matter and contesting the question of liability. The Circuit Court heard the vermin had entered the cars through vents but Toyota contended the vents were not defective and were standard on most makes of cars, including makes the Dempseys subsequently bought.