Bolger v. O'Brien [1999] IESC 37; [1999] 2 IR 431; [1999] 2 ILRM 372 (16th March, 1999)

Bolger v. O'Brien [1999] IESC 37; [1999] 2 IR 431; [1999] 2 ILRM 372 (16th March, 1999)

The plaintiff knew or ought reasonably to have known that he had suffered a significant injury from the time of the accident and his subsequent inability to work, and thus the limitation period began to run from that time. The claim is statute-barred under section 3(1) of the 1991 Act.

Citation
[1999] 2 ILRM 372
Parties
Plaintiff/respondent: James Bolger; Defendants/appellants: Defendants/Appellants (not individually named)
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed. Plaintiff's claim held statute-barred.
Legal Topics
Statute of Limitations, Date of Knowledge, Personal Injuries, Limitation Periods
Tort Law Personal Injury Civil Procedure Statute of Limitations Date of Knowledge Personal Injuries Limitation Periods

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Parties

James Bolger

Plaintiff/respondent

Defendants/Appellants (not individually named)

Defendants/appellants

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff's claim for personal injuries was statute-barred under the Statute of Limitations 1957 and 1991
  2. 2 How to determine the 'date of knowledge' for the purposes of limitation in personal injury cases

Ratio Decidendi

The plaintiff knew or ought reasonably to have known that he had suffered a significant injury from the time of the accident and his subsequent inability to work, and thus the limitation period began to run from that time. The claim is statute-barred under section 3(1) of the 1991 Act.

Court Disposition

Appeal allowed. Plaintiff's claim held statute-barred.

Orders

  • Plaintiff's claim dismissed as statute-barred under section 3(1) of the Statute of Limitations (Amendment) Act, 1991.