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PEARSE COMMUNITY COLLEGE NURSERY LIMITED, TUSLA CHILD AND FAMILY AGENCY AND HEALTH SERVICE EXECUTIVE
PEARSE COMMUNITY COLLEGE NURSERY LIMITED, TUSLA CHILD AND FAMILY AGENCY AND HEALTH SERVICE EXECUTIVE
            This is an application by the second and third defendants, who are jointly represented, to have the two actions brought by the plaintiffs against them struck out on grounds of inordinate and inexcusable delay and for want of prosecution.
            While it will be necessary to go into the background to each of these actions in more detail later in the judgment, the net issue in the application can be stated in the following way: the two plaintiffs were in a committed relationship in 2015. Their two children were attending the creche operated by the first defendant. In or about April 2015, there was an outbreak of hepatitis A in the creche. In May 2015, each of the plaintiffs contracted hepatitis A, requiring treatment in hospital.
            Each of the plaintiffs claim that the outbreak of hepatitis A and, in particular, their contracting that disease, was caused by the negligence and breach of duty of the first defendant in and about its operation of the creche, which was attended by their children. In particular, it is alleged that the first defendant, through its servants or agents, acted negligently by failing to adhere to proper health, safety and hygiene requirements.
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