Davoren -v- Health Service Executive & ors [2016] IECA 39 (18 February 2016)

Davoren -v- Health Service Executive & ors [2016] IECA 39 (18 February 2016)

Damages for loss of inheritance are recoverable where a reasonable expectation of pecuniary benefit is established; however, future contingencies must be accounted for by applying a discount, and benefits received from the deceased's estate must be deducted to determine net loss.

Citation
[2016] IECA 39
Parties
Plaintiff/respondent: Grace Davoren; Defendant/appellant: Health Service Executive; Defendant/appellant: John Lee; Defendant/appellant: Oliver McAnena
Jurisdiction
Ireland
Judgment Date
18 February 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; damages varied
Legal Topics
Fatal Injuries, Damages Assessment, Loss of Inheritance, Dependency Claims
Tort Law Civil Liability Fatal Injuries Damages Assessment Loss of Inheritance Dependency Claims

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Parties

Grace Davoren

Plaintiff/respondent

Health Service Executive

Defendant/appellant

John Lee

Defendant/appellant

Oliver McAnena

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Entitlement to damages for loss of inheritance under Civil Liability Act 1961
  2. 2 Appropriate quantification and discounting for contingencies in dependency claims
  3. 3 Deduction of benefits received from deceased's estate in damages calculation

Ratio Decidendi

Damages for loss of inheritance are recoverable where a reasonable expectation of pecuniary benefit is established; however, future contingencies must be accounted for by applying a discount, and benefits received from the deceased's estate must be deducted to determine net loss.

Court Disposition

Appeal allowed in part; damages varied

Orders

  • Total damages varied to €1,003,112.04
  • Deduction of €535,777.00 for accelerated receipt of estate