Smith v. Minister for Defence [1998] IESC 36 (4th November, 1998)

Smith v. Minister for Defence [1998] IESC 36 (4th November, 1998)

There was insufficient evidence to measure the extent of hearing loss attributable to gunfire exposure, making the damages award unsustainable; the case must be retried under the new statutory regime for assessment of hearing injury.

Citation
[1998] IESC 36
Parties
Plaintiff/respondent: Plaintiff/Respondent; Defendants/appellants: Defendants/Appellants
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
Award of damages set aside; case remitted for retrial in the High Court.
Legal Topics
Noise Induced Hearing Loss, Assessment of Damages, Causation, Military Service Liability
Tort Law Personal Injury Noise Induced Hearing Loss Assessment of Damages Causation Military Service Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff/Respondent

Plaintiff/respondent

Defendants/Appellants

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the plaintiff suffered compensable hearing loss due to exposure to gunfire noise during military service
  2. 2 Whether the quantum of damages awarded was supported by evidence

Ratio Decidendi

There was insufficient evidence to measure the extent of hearing loss attributable to gunfire exposure, making the damages award unsustainable; the case must be retried under the new statutory regime for assessment of hearing injury.

Court Disposition

Award of damages set aside; case remitted for retrial in the High Court.

Orders

  • Set aside the award of £20,000 damages.
  • Remit the case to the High Court for retrial.