Fletcher v. Commissioner of Public Works [2003] IESC 13 (21 February 2003)

Fletcher v. Commissioner of Public Works [2003] IESC 13 (21 February 2003)

The Supreme Court held that Irish law does not permit recovery of damages for psychiatric injury resulting solely from an irrational fear of contracting a disease due to negligent exposure where the risk is medically characterised as very remote. The plaintiff's psychiatric illness did not arise from 'nervous shock' as defined in case law, and policy considerations require limiting such claims to avoid indeterminate liability and unmeritorious claims. The appeal was allowed and the plaintiff's claim dismissed.

Citation
[2003] IESC 13
Parties
Plaintiff/respondent: Stephen Fletcher; Defendants/appellants: The Commissioners of Public Works in Ireland
Jurisdiction
Ireland
Judgment Date
21 February 2003
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; plaintiff's claim dismissed.
Legal Topics
Negligence, Psychiatric Injury, Employer's Duty of Care, Breach of Statutory Duty, Personal Injury, Fear of Disease, Damages
Tort Law Employment Law Negligence Psychiatric Injury Employer's Duty of Care Breach of Statutory Duty Personal Injury Fear of Disease +1 more

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Parties

Stephen Fletcher

Plaintiff/respondent

The Commissioners of Public Works in Ireland

Defendants/appellants

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether damages are recoverable for psychiatric injury resulting solely from fear of contracting a disease due to employer's negligence when the risk is medically characterised as very remote.
  2. 2 Whether the plaintiff's psychiatric illness falls within the category of 'nervous shock' cases or is otherwise compensatable under Irish law.

Ratio Decidendi

The Supreme Court held that Irish law does not permit recovery of damages for psychiatric injury resulting solely from an irrational fear of contracting a disease due to negligent exposure where the risk is medically characterised as very remote. The plaintiff's psychiatric illness did not arise from 'nervous shock' as defined in case law, and policy considerations require limiting such claims to avoid indeterminate liability and unmeritorious claims. The appeal was allowed and the plaintiff's claim dismissed.

Court Disposition

Appeal allowed; plaintiff's claim dismissed.

Orders

  • Order of the High Court awarding damages to the plaintiff set aside.
  • Plaintiff's claim dismissed.