Goodwin v Bus Eireann [2012] IESC 9 (23 February 2012)

Goodwin v Bus Eireann [2012] IESC 9 (23 February 2012)

The Supreme Court held that the defendant failed to prove the plaintiff knowingly gave false or misleading evidence. The trial judge was entitled to accept the plaintiff's evidence and assess damages as she did. There was no error in the High Court's treatment of the medical evidence or in the refusal to dismiss the claim under s.26. The appeal was dismissed and the High Court order affirmed.

Citation
[2012] IESC 9
Parties
Plaintiff/respondent: Teresa Goodwin; Defendant/appellant: Bus Éireann
Jurisdiction
Ireland
Judgment Date
23 February 2012
Procedural Posture
Personal Injuries Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed; High Court order affirmed
Legal Topics
Fraudulent Claims, Damages Assessment, Section 26 Civil Liability and Courts Act 2004, Credibility of Witnesses
Tort Law Personal Injury Fraudulent Claims Damages Assessment Section 26 Civil Liability and Courts Act 2004 Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Teresa Goodwin

Plaintiff/respondent

Bus Éireann

Defendant/appellant

Procedural Posture

Personal Injuries Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff knowingly gave false or misleading evidence under s.26 of the Civil Liability and Courts Act 2004
  2. 2 Whether the High Court erred in not dismissing the plaintiff's claim for alleged fraudulent exaggeration
  3. 3 Whether the damages awarded were excessive

Ratio Decidendi

The Supreme Court held that the defendant failed to prove the plaintiff knowingly gave false or misleading evidence. The trial judge was entitled to accept the plaintiff's evidence and assess damages as she did. There was no error in the High Court's treatment of the medical evidence or in the refusal to dismiss the claim under s.26. The appeal was dismissed and the High Court order affirmed.

Court Disposition

Appeal dismissed; High Court order affirmed

Orders

  • Appeal dismissed
  • High Court award of damages affirmed