Cronin -v- Stevenson & anor [2016] IECA 186 (22 June 2016)

Cronin -v- Stevenson & anor [2016] IECA 186 (22 June 2016)

The High Court's award of €200,000 was disproportionate and excessive given the nature of the plaintiff's injuries, which were significant but not catastrophic, and the objective medical evidence and Book of Quantum guidelines. The appropriate award is €125,000, reflecting €75,000 for pain and suffering to date, €30,000 for pain and suffering into the future, and €20,000 for special damages.

Citation
[2016] IECA 186
Parties
Plaintiff/respondent: Grace Cronin; Defendant/appellant: Emma Stevenson; Defendant/appellant: Darren Russell
Jurisdiction
Ireland
Judgment Date
22 June 2016
Procedural Posture
Personal Injuries Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court award set aside and replaced
Legal Topics
Assessment of Damages, Proportionality of Awards, Book of Quantum, Credibility of Plaintiff, Chronic Pain Syndrome
Tort Law Personal Injury Assessment of Damages Proportionality of Awards Book of Quantum Credibility of Plaintiff Chronic Pain Syndrome

Case Brief

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Parties

Grace Cronin

Plaintiff/respondent

Emma Stevenson

Defendant/appellant

Darren Russell

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Court's award of damages was excessive and disproportionate to the injuries sustained
  2. 2 Appropriate assessment of damages for chronic soft tissue injuries

Ratio Decidendi

The High Court's award of €200,000 was disproportionate and excessive given the nature of the plaintiff's injuries, which were significant but not catastrophic, and the objective medical evidence and Book of Quantum guidelines. The appropriate award is €125,000, reflecting €75,000 for pain and suffering to date, €30,000 for pain and suffering into the future, and €20,000 for special damages.

Court Disposition

Appeal allowed; High Court award set aside and replaced

Orders

  • Total award of €125,000 to plaintiff (€75,000 for pain and suffering to date, €30,000 for pain and suffering into the future, €20,000 special damages)
  • Costs as per High Court order