Newell (A Minor) v Bus Eireann [2001] IESC 61 (10 July 2001)

Newell (A Minor) v Bus Eireann [2001] IESC 61 (10 July 2001)

The Court held that the award for pain and suffering to date was reasonable and should not be disturbed, but the award for future pain and suffering was inadequate given the plaintiff's ongoing respiratory condition and its impact on her life. The future damages were increased to provide adequate compensation.

Citation
[2001] IESC 61
Parties
Plaintiff/appellant: Andrea Newell (A Minor) suing by her mother and next friend Marie Newell; Defendant/respondent: Bus Eireann/Irish Bus
Jurisdiction
Ireland
Judgment Date
10 July 2001
Procedural Posture
Personal Injury Appeal / Supreme Court Judgment on Appeal Against Assessment of General Damages
Outcome
Appeal allowed in part; award for future pain and suffering increased.
Legal Topics
Assessment of Damages, Pain and Suffering, Future Loss, Psychological Injury, Respiratory Injury
Tort Law Personal Injury Assessment of Damages Pain and Suffering Future Loss Psychological Injury Respiratory Injury

Case Brief

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Parties

Andrea Newell (A Minor) suing by her mother and next friend Marie Newell

Plaintiff/appellant

Bus Eireann/Irish Bus

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Supreme Court Judgment on Appeal Against Assessment of General Damages

Legal Issues

  1. 1 Whether the general damages awarded for pain and suffering to date and in the future were adequate

Ratio Decidendi

The Court held that the award for pain and suffering to date was reasonable and should not be disturbed, but the award for future pain and suffering was inadequate given the plaintiff's ongoing respiratory condition and its impact on her life. The future damages were increased to provide adequate compensation.

Court Disposition

Appeal allowed in part; award for future pain and suffering increased.

Orders

  • Award for pain and suffering to date of trial (£30,000) affirmed.
  • Award for future pain and suffering increased from £25,000 to £50,000.