Fegan v Motor Insurers Bureau of Ireland & Anor (Approved) [2020] IEHC 702 (11 December 2020)

Fegan v Motor Insurers Bureau of Ireland & Anor (Approved) [2020] IEHC 702 (11 December 2020)

The Plaintiffs discharged the onus of proof regarding the occurrence and circumstances of the accident. The driver of the van was negligent in failing to keep a proper lookout and avoid collision. The engineering evidence explained the rest position of the vehicles. Plaintiffs were entitled to compensatory damages for pain and suffering to date only, as they had fully recovered.

Citation
[2020] IEHC 702
Parties
Plaintiff/appellant: Mark Fegan; Plaintiff/appellant: Lee Fegan; Defendant/respondent: Motor Insurers Bureau of Ireland; Defendant/respondent: Jason Warde
Jurisdiction
Ireland
Judgment Date
11 December 2020
Procedural Posture
Circuit Appeal (personal Injury/negligence) / Judgment After De Novo Hearing on Appeal
Outcome
Appeals allowed; Circuit Court orders set aside; judgment for Plaintiffs on liability and quantum.
Legal Topics
Negligence, Statutory Duty, Motor Insurance Bureau Agreement, Road Traffic Accident, Compensatory Damages
Tort Personal Injury Insurance Law Negligence Statutory Duty Motor Insurance Bureau Agreement Road Traffic Accident Compensatory Damages

Case Brief

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Parties

Mark Fegan

Plaintiff/appellant

Lee Fegan

Plaintiff/appellant

Motor Insurers Bureau of Ireland

Defendant/respondent

Jason Warde

Defendant/respondent

Procedural Posture

Circuit Appeal (personal Injury/negligence) / Judgment After De Novo Hearing on Appeal

Legal Issues

  1. 1 Whether the Plaintiffs proved the occurrence of the accident as alleged
  2. 2 Whether the driver of the van was negligent
  3. 3 Whether the Plaintiffs were entitled to damages for personal injuries

Ratio Decidendi

The Plaintiffs discharged the onus of proof regarding the occurrence and circumstances of the accident. The driver of the van was negligent in failing to keep a proper lookout and avoid collision. The engineering evidence explained the rest position of the vehicles. Plaintiffs were entitled to compensatory damages for pain and suffering to date only, as they had fully recovered.

Court Disposition

Appeals allowed; Circuit Court orders set aside; judgment for Plaintiffs on liability and quantum.

Orders

  • Awards of €20,625 to Mark Fegan (€20,000 general damages + €625 special damages)
  • Awards of €26,725 to Lee Fegan (€25,000 general damages + €1,725 special damages)