Moore -v- Advanced Tyre Company Ltd t/a 'Advanced Pit Stop' [2017] IECA 10 (31 January 2017)

Moore -v- Advanced Tyre Company Ltd t/a 'Advanced Pit Stop' [2017] IECA 10 (31 January 2017)

The trial judge erred in law by placing primary responsibility on the plaintiff to avoid the accident. The greater portion of blame rests with the defendant's employee, who failed to yield right-of-way and did not ensure the footpath was clear before emerging. The apportionment of 85% liability to the plaintiff was disproportionate and should be set aside in favour of a 60%/40% split in favour of the plaintiff. The award of €60,000 in general damages, while not generous, was within reasonable parameters and should not be disturbed.

Citation
[2017] IECA 10
Parties
Plaintiff / Appellant: Patricia Moore; Defendant / Respondent: Advanced Tyre Company Limited trading as ‘Advanced Pit Stop’
Jurisdiction
Ireland
Judgment Date
31 January 2017
Procedural Posture
Personal Injuries Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Contributory Negligence, Apportionment of Liability, Damages Assessment, Road Traffic Accident
Tort Law Personal Injury Contributory Negligence Apportionment of Liability Damages Assessment Road Traffic Accident

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Parties

Patricia Moore

Plaintiff / Appellant

Advanced Tyre Company Limited trading as ‘Advanced Pit Stop’

Defendant / Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the trial judge erred in apportioning 85% liability to the plaintiff and 15% to the defendant
  2. 2 Whether the award of €60,000 in general damages was appropriate

Ratio Decidendi

The trial judge erred in law by placing primary responsibility on the plaintiff to avoid the accident. The greater portion of blame rests with the defendant's employee, who failed to yield right-of-way and did not ensure the footpath was clear before emerging. The apportionment of 85% liability to the plaintiff was disproportionate and should be set aside in favour of a 60%/40% split in favour of the plaintiff. The award of €60,000 in general damages, while not generous, was within reasonable parameters and should not be disturbed.

Court Disposition

Appeal allowed in part

Orders

  • Set aside the High Court's apportionment of liability; substitute a finding of 60% liability on the part of the defendant and 40% on the part of the plaintiff.
  • Uphold the award of €60,000 in general damages.