Doyle -v- Dunne [2014] IESC 69 (20 November 2014)

Doyle -v- Dunne [2014] IESC 69 (20 November 2014)

Section 7(2) of the Civil Liability Act 1961 precludes the estate from recovering damages for pain, suffering, or personal injury; since the appellant's claim was solely for such damages and no special damages were claimed, there is no remedy or relief left for the Court to adjudicate on or remit; the appeal must be dismissed.

Citation
[2014] IESC 69
Parties
Plaintiff/appellant: Bridget Doyle (a person of unsound mind not so found) suing by her son and next friend Edward Doyle; Defendant/respondent: Daniel Dunne
Jurisdiction
Ireland
Judgment Date
20 November 2014
Procedural Posture
Personal Injuries Appeal / Supreme Court Appeal After High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Survival of Causes of Action on Death, Damages for Personal Injury, Informed Consent, Merger of Cause of Action, Appeal Procedure
Tort Law Medical Negligence Civil Procedure Survival of Causes of Action on Death Damages for Personal Injury Informed Consent Merger of Cause of Action Appeal Procedure

Case Brief

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Parties

Bridget Doyle (a person of unsound mind not so found) suing by her son and next friend Edward Doyle

Plaintiff/appellant

Daniel Dunne

Defendant/respondent

Procedural Posture

Personal Injuries Appeal / Supreme Court Appeal After High Court Dismissal

Legal Issues

  1. 1 Does the appellant's cause of action survive her death for the benefit of her estate?
  2. 2 Are any damages recoverable by the estate given the nature of the claim?
  3. 3 Does the doctrine of merger extinguish the cause of action after High Court judgment?

Ratio Decidendi

Section 7(2) of the Civil Liability Act 1961 precludes the estate from recovering damages for pain, suffering, or personal injury; since the appellant's claim was solely for such damages and no special damages were claimed, there is no remedy or relief left for the Court to adjudicate on or remit; the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed for want of recoverable damages under s.7(2) Civil Liability Act 1961
  • Costs issue to be re-listed for further submissions