Kelly v. Hennessy [1995] IESC 8; [1995] 3 IR 253; [1996] 1 ILRM 321 (28th November, 1995)

Kelly v. Hennessy [1995] IESC 8; [1995] 3 IR 253; [1996] 1 ILRM 321 (28th November, 1995)

A secondary victim who suffers a recognisable psychiatric illness as a result of witnessing or learning of serious injury to close family members caused by the defendant’s negligence, and who is proximate in relationship, space, and time to the event or its immediate aftermath, is entitled to recover damages for nervous shock. The plaintiff’s psychiatric illness was found to be caused by the immediate aftermath of the accident, and there was no failure to mitigate damages established by the defendant.

Citation
[1995] IESC 8
Parties
Plaintiff/respondent: Anne Kelly; Defendant/appellant: Fergus Hennessy
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed in part, allowed in part (quantum reduced)
Legal Topics
Nervous Shock, Negligence, Duty of Care, Psychiatric Injury, Damages, Mitigation of Loss
Tort Law Nervous Shock Negligence Duty of Care Psychiatric Injury Damages Mitigation of Loss

Case Brief

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Parties

Anne Kelly

Plaintiff/respondent

Fergus Hennessy

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a secondary victim can recover damages for nervous shock caused by negligence resulting in injury to close family members
  2. 2 Whether the psychiatric illness suffered was sufficiently proximate in time and causation to the negligent act
  3. 3 Whether the plaintiff failed to mitigate her damages

Ratio Decidendi

A secondary victim who suffers a recognisable psychiatric illness as a result of witnessing or learning of serious injury to close family members caused by the defendant’s negligence, and who is proximate in relationship, space, and time to the event or its immediate aftermath, is entitled to recover damages for nervous shock. The plaintiff’s psychiatric illness was found to be caused by the immediate aftermath of the accident, and there was no failure to mitigate damages established by the defendant.

Court Disposition

Appeal dismissed in part, allowed in part (quantum reduced)

Orders

  • Damages for past pain and suffering affirmed at £35,000
  • Damages for future pain and suffering reduced from £40,000 to £20,000