Hughes -v- Carter & Ors [2014] IEHC 242 (09 April 2014)

Hughes -v- Carter & Ors [2014] IEHC 242 (09 April 2014)

Plaintiff was not guilty of contributory negligence; invalidity pension is not deductible from damages in this case; damages awarded based on probable future earnings as a science teacher, discounted for contingencies.

Citation
[2014] IEHC 242
Parties
Plaintiff: Alan Hughes; Defendant: Derek Carter; Defendant: Damien Crinnegan; Defendant: Anthony Cocomann
Jurisdiction
Ireland
Judgment Date
09 April 2014
Procedural Posture
Personal Injury / Final Judgment
Outcome
Judgment for plaintiff
Legal Topics
Negligence, Contributory Negligence, Damages, Deductibility of Social Welfare Benefits
Tort Personal Injury Negligence Contributory Negligence Damages Deductibility of Social Welfare Benefits

Case Brief

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Parties

Alan Hughes

Plaintiff

Derek Carter

Defendant

Damien Crinnegan

Defendant

Anthony Cocomann

Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was guilty of contributory negligence
  2. 2 Assessment of damages for personal injuries
  3. 3 Deductibility of social welfare benefits from damages

Ratio Decidendi

Plaintiff was not guilty of contributory negligence; invalidity pension is not deductible from damages in this case; damages awarded based on probable future earnings as a science teacher, discounted for contingencies.

Court Disposition

Judgment for plaintiff

Orders

  • Total award to plaintiff of €640,933.89
  • Order for costs in favour of plaintiff against first named defendant, including reserved and discovery costs, to be taxed in default of agreement