Meehan v Shawcove Ltd & Ors (Unapproved) [2022] IECA 208 (08 September 2022)

Meehan v Shawcove Ltd & Ors (Unapproved) [2022] IECA 208 (08 September 2022)

The correct approach to assessing general damages in multiple injury cases is to identify the most significant injury, value it according to the Personal Injuries Guidelines, and then uplift for additional injuries, ensuring the total award is proportionate to the maximum for the most serious injuries and to other comparable awards. The presence or absence of significant special damages does not affect the general damages award. The High Court's award was excessive and disproportionate in light of comparators and proportionality.

Citation
[2022] IECA 208
Parties
Plaintiff/respondent: Kevin Meehan; Defendant/appellant: Shawcove Limited; Defendant/appellant: Ellickson Engineering Limited; Defendant/appellant: Kilell Limited; Defendant/appellant: Otis Limited; Defendant/appellant: Otis Elevator Ireland Limited; Defendant/appellant: Daldoss Elevetronic SPA
Jurisdiction
Ireland
Judgment Date
08 September 2022
Procedural Posture
Personal Injury Appeal / Appeal From High Court on Assessment of General Damages
Outcome
Appeal allowed in part; High Court award of general damages reduced
Legal Topics
Assessment of Damages, Proportionality in Damages, Multiple Injuries, General Damages Cap, Loss of Employment Opportunity
Tort Personal Injury Assessment of Damages Proportionality in Damages Multiple Injuries General Damages Cap Loss of Employment Opportunity

Case Brief

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Parties

Kevin Meehan

Plaintiff/respondent

Shawcove Limited

Defendant/appellant

Ellickson Engineering Limited

Defendant/appellant

Kilell Limited

Defendant/appellant

Otis Limited

Defendant/appellant

Otis Elevator Ireland Limited

Defendant/appellant

Daldoss Elevetronic SPA

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court on Assessment of General Damages

Legal Issues

  1. 1 What is the correct approach to assessing general damages for pain and suffering in cases involving multiple injuries?
  2. 2 How should proportionality and the general damages 'cap' be applied in such cases?
  3. 3 Should the presence or absence of significant special damages affect the general damages award?

Ratio Decidendi

The correct approach to assessing general damages in multiple injury cases is to identify the most significant injury, value it according to the Personal Injuries Guidelines, and then uplift for additional injuries, ensuring the total award is proportionate to the maximum for the most serious injuries and to other comparable awards. The presence or absence of significant special damages does not affect the general damages award. The High Court's award was excessive and disproportionate in light of comparators and proportionality.

Court Disposition

Appeal allowed in part; High Court award of general damages reduced

Orders

  • General damages for pain and suffering to date reduced from €125,000 to €90,000
  • General damages for pain and suffering into the future reduced from €175,000 to €60,000