UCC sues ESB for €18m for 2009 flood damage
University College Cork is suing the ESB for €18m arising out flood damage that occurred in November 2009.
In its action UCC claims it sustained significant damage to its property on November 19, 2009, following a period of significant rainfall, when the ESB allegedly released a substantial volume of water from two dams it operates on the River Lee.
UCC claims the ESB were negligent and caused severe flooding by releasing too much water, in too short a time from the dams.
As result of the ESB's actions 30 acres of UCC's 80 acre campus were submerged under water. 29 of the university's buildings, including the Gluksman Gallery, the Western Gateway Building, the Maltings Complex, several student accommodation blocks, and the entire Mardyke sports complex were damaged by the flooding.
The claims are denied.
Today Mr Justice Peter Kelly made an order transferring UCC's claim to the commercial court, the big business division of the High Court.
The application to have the matter heard by the commercial court was made on behalf of the college by Paul Gallagher SC, who told the court the ESB were consenting to the application.
Mr Justice Kelly said that given the value of the claim the dispute was one that was clearly appropriate for inclusion in the commercial court list. The matter was adjourned to July.
UCC, who has brought its action by way of a subrogated claim on behalf of its insurer Aviva, claims the ESB was negligent and in breach of its care of duty to properly manage the dams and reservoirs in a way to minimise the risk of flooding.
Aviva's losses as a result of the flooding alone are in excess of €34m, and the insurer intends to pursue the balance of its losses following the determination of UCC's proceedings.
