Hassett v. Ireland [1999] IESC 87 (7th December, 1999)

Hassett v. Ireland [1999] IESC 87 (7th December, 1999)

The assessment of damages for noise induced hearing loss, including pain, suffering, and provision for hearing aids, was reasonable and supported by evidence; no loss of opportunity for promotion was established; the appeal should be dismissed.

Citation
[1999] IESC 87
Parties
Plaintiff/appellant: James Hassett; Defendants/respondents: Minister for Defence, Ireland & Attorney General
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Noise Induced Hearing Loss, Assessment of Damages, Loss of Amenity, Loss of Opportunity for Promotion
Personal Injury Tort Law Noise Induced Hearing Loss Assessment of Damages Loss of Amenity Loss of Opportunity for Promotion

Case Brief

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Parties

James Hassett

Plaintiff/appellant

Minister for Defence, Ireland & Attorney General

Defendants/respondents

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Appropriate quantum of damages for noise induced hearing loss
  2. 2 Entitlement to damages for hearing aids
  3. 3 Loss of opportunity for promotion due to hearing loss

Ratio Decidendi

The assessment of damages for noise induced hearing loss, including pain, suffering, and provision for hearing aids, was reasonable and supported by evidence; no loss of opportunity for promotion was established; the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • No change to damages awarded (£45,110)
  • No retrial ordered