Wright & anor -v- AIB Finance & Leasing & anor [2013] IESC 55 (11 December 2013)

Wright & anor -v- AIB Finance & Leasing & anor [2013] IESC 55 (11 December 2013)

The Supreme Court held that the trial judge's findings of fact were sustainable on the evidence, that the defective design of the harvester created a foreseeable risk of injury, and that John Deere was negligent. The risk of injury was foreseeable even if the precise mechanism was not, and there was no causative contributory negligence by the Wrights.

Citation
[2013] IESC 55
Parties
Plaintiffs/respondents: Thomas Wright and William Wright; Defendant/respondent: AIB Finance & Leasing; Defendant/respondent: Geary's Garage Limited; Third Party/appellant: John Deere Limited
Jurisdiction
Ireland
Judgment Date
11 December 2013
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Negligence, Defective Products, Employer's Liability, Foreseeability, Contributory Negligence
Tort Law Product Liability Contract Law Negligence Defective Products Employer's Liability Foreseeability Contributory Negligence

Case Brief

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Parties

Thomas Wright and William Wright

Plaintiffs/respondents

AIB Finance & Leasing

Defendant/respondent

Geary's Garage Limited

Defendant/respondent

John Deere Limited

Third Party/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether the trial judge erred in finding how the accident occurred
  2. 2 Whether the injuries suffered were a foreseeable consequence of any wrongdoing by John Deere
  3. 3 Whether the Wrights were guilty of contributory negligence

Ratio Decidendi

The Supreme Court held that the trial judge's findings of fact were sustainable on the evidence, that the defective design of the harvester created a foreseeable risk of injury, and that John Deere was negligent. The risk of injury was foreseeable even if the precise mechanism was not, and there was no causative contributory negligence by the Wrights.

Court Disposition

Appeal dismissed

Orders

  • Appeal of John Deere dismissed
  • Order of the trial judge affirmed