McKeown v Crosby & Anor (Unapproved) [2020] IECA 242 (11 August 2020)

The High Court's award of €70,000 for general damages was disproportionate to the plaintiff's injuries, inconsistent with comparable awards, and exceeded the appropriate range indicated by the Book of Quantum. The correct award for general damages is €35,000 (€30,000 to date, €5,000 future), plus €6,000 agreed special damages, totaling €41,000.

Citation: [2020] IECA 242
Parties: Plaintiff/respondent: Emma McKeown; Defendant/appellant: Alan Crosby; Defendant/appellant: Mary Vocella
Jurisdiction: Ireland
Judgment Date: 11 August 2020
Procedural Posture: Personal Injuries Appeal / Appeal From High Court to Court of Appeal
Outcome: Defendants' appeal allowed; plaintiff's cross-appeal dismissed.
Legal Topics: Assessment of Damages, Quantum of Damages, Personal Injuries Guidelines, Book of Quantum, Proportionality in Damages, Judicial Consistency

Tort Law Personal Injury Assessment of Damages Quantum of Damages Personal Injuries Guidelines Book of Quantum Proportionality in Damages Judicial Consistency

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 5

Parties

Emma McKeown

Plaintiff/respondent

Alan Crosby

Defendant/appellant

Mary Vocella

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether the High Court's award of general damages was excessive and disproportionate for the plaintiff's injuries
2 Whether the award for future pain and suffering was too low

Ratio Decidendi

Court Disposition

Defendants' appeal allowed; plaintiff's cross-appeal dismissed.

Orders

Substitute judgment for €41,000 in place of High Court award.
Defendants granted liberty to file written submissions on costs within 28 days; plaintiff to respond within 28 days.