Kenny -v- Cowley [2006] IESC 37 (21 June 2006)

Kenny -v- Cowley [2006] IESC 37 (21 June 2006)

The High Court erred in awarding inadequate general damages for the plaintiff's injuries, particularly the loss of an eye and associated disabilities, and in failing to award any sum for future loss of earnings despite evidence of some sporadic work. However, there was no basis for an actuarial calculation of future loss of earnings due to the plaintiff's inconsistent work history. The Supreme Court increased general damages and awarded a limited sum for future loss of earnings.

Citation
[2006] IESC 37
Parties
Plaintiff/appellant: James Kenny; Defendant/respondent: John Cowley
Jurisdiction
Ireland
Judgment Date
21 June 2006
Procedural Posture
Personal Injury Appeal / Supreme Court Appeal From High Court Assessment of Damages
Outcome
Appeal allowed; High Court order varied
Legal Topics
Assessment of Damages, Loss of Future Earnings, Eggshell Skull Rule, Exaggerated Claims, Personal Injury Compensation
Tort Law Personal Injury Assessment of Damages Loss of Future Earnings Eggshell Skull Rule Exaggerated Claims Personal Injury Compensation

Case Brief

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Parties

James Kenny

Plaintiff/appellant

John Cowley

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Supreme Court Appeal From High Court Assessment of Damages

Legal Issues

  1. 1 Whether the High Court erred in the assessment of general damages for personal injuries
  2. 2 Whether the High Court erred in rejecting the claim for loss of future earnings
  3. 3 Whether the High Court erred in its treatment of the plaintiff's evidence and claims

Ratio Decidendi

The High Court erred in awarding inadequate general damages for the plaintiff's injuries, particularly the loss of an eye and associated disabilities, and in failing to award any sum for future loss of earnings despite evidence of some sporadic work. However, there was no basis for an actuarial calculation of future loss of earnings due to the plaintiff's inconsistent work history. The Supreme Court increased general damages and awarded a limited sum for future loss of earnings.

Court Disposition

Appeal allowed; High Court order varied

Orders

  • General damages increased to €120,000
  • Award of €40,000 for future loss of earnings