Moran -v- Fogarty [2009] IESC 55 (21 July 2009)

Moran -v- Fogarty [2009] IESC 55 (21 July 2009)

The High Court's apportionment of 15% contributory negligence to the plaintiff was a significant disproportion given the plaintiff's knowledge of the driver's intoxication; the correct apportionment is 35% to the plaintiff and 65% to the defendant. The damages awarded were within the evidence and should not be disturbed.

Citation
[2009] IESC 55
Parties
Plaintiff/respondent: Roy Moran; Defendant/appellant: Séan Fogarty
Jurisdiction
Ireland
Judgment Date
21 July 2009
Procedural Posture
Personal Injury Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed in part; apportionment of liability varied; damages quantum affirmed.
Legal Topics
Contributory Negligence, Damages Assessment, Apportionment of Fault, Passenger Liability, Intoxicated Driver, Quantum of Damages
Tort Law Personal Injury Contributory Negligence Damages Assessment Apportionment of Fault Passenger Liability Intoxicated Driver Quantum of Damages

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Parties

Roy Moran

Plaintiff/respondent

Séan Fogarty

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court erred in apportioning only 15% contributory negligence to the plaintiff for travelling with an intoxicated driver
  2. 2 Whether the quantum of damages awarded for loss of earnings, general damages, and future care costs was excessive or unsupported by evidence
  3. 3 Whether the plaintiff was wearing a seat belt and if not, whether this should increase contributory negligence

Ratio Decidendi

The High Court's apportionment of 15% contributory negligence to the plaintiff was a significant disproportion given the plaintiff's knowledge of the driver's intoxication; the correct apportionment is 35% to the plaintiff and 65% to the defendant. The damages awarded were within the evidence and should not be disturbed.

Court Disposition

Appeal allowed in part; apportionment of liability varied; damages quantum affirmed.

Orders

  • Set aside High Court apportionment of 15% contributory negligence to plaintiff and substitute 35%
  • Affirm High Court judgment and award as to quantum of damages