Ahearne -v- Tuohy [2017] IECA 308 (29 November 2017)

Ahearne -v- Tuohy [2017] IECA 308 (29 November 2017)

There was no proper evidential basis for a finding of negligence against the defendant; the trial judge erred in concluding negligence based on unsupported assumptions regarding traffic calming measures and attention to road conditions.

Citation
[2017] IECA 308
Parties
Plaintiff/respondent: Samantha Ahearne; Defendant/appellant: Bill Tuohy
Jurisdiction
Ireland
Judgment Date
29 November 2017
Procedural Posture
Personal Injury Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; High Court order set aside; proceedings dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment of Liability, Appeal Procedure
Tort Personal Injury Negligence Contributory Negligence Apportionment of Liability Appeal Procedure

Case Brief

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Parties

Samantha Ahearne

Plaintiff/respondent

Bill Tuohy

Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the defendant was negligent in causing the collision
  2. 2 Whether the trial judge's findings of negligence were supported by evidence
  3. 3 Proper apportionment of liability

Ratio Decidendi

There was no proper evidential basis for a finding of negligence against the defendant; the trial judge erred in concluding negligence based on unsupported assumptions regarding traffic calming measures and attention to road conditions.

Court Disposition

Appeal allowed; High Court order set aside; proceedings dismissed.

Orders

  • Order of High Court set aside
  • Proceedings dismissed