Reilly -v- Moir & Ors [2009] IEHC 164 (03 April 2009)

Reilly -v- Moir & Ors [2009] IEHC 164 (03 April 2009)

The first defendant negligently performed the surgery, causing permanent disfigurement. No evidence of negligence or vicarious liability against the second defendant, third defendant, or third parties. Plaintiff entitled to damages from first defendant only.

Citation
[2009] IEHC 164
Parties
Plaintiff: Alvin Reilly; First Defendant: Graeme Moir; Second Defendant: Precision Lasercare Limited; Third Defendant: Clane General Hospital; First Third Party: Nigel Carver; Second Third Party: Private Patient Services Limited
Jurisdiction
Ireland
Judgment Date
03 April 2009
Procedural Posture
Personal Injury/medical Negligence / Final Judgment
Outcome
Judgment for plaintiff against first defendant
Legal Topics
Medical Negligence, Vicarious Liability, Damages Assessment, Contractual Relationships
Tort Law Medical Law Medical Negligence Vicarious Liability Damages Assessment Contractual Relationships

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Parties

Alvin Reilly

Plaintiff

Graeme Moir

First Defendant

Precision Lasercare Limited

Second Defendant

Clane General Hospital

Third Defendant

Nigel Carver

First Third Party

Private Patient Services Limited

Second Third Party

Procedural Posture

Personal Injury/medical Negligence / Final Judgment

Legal Issues

  1. 1 Was the surgery negligently performed?
  2. 2 Is the first defendant liable for damages?
  3. 3 Is the second defendant vicariously liable?

Ratio Decidendi

The first defendant negligently performed the surgery, causing permanent disfigurement. No evidence of negligence or vicarious liability against the second defendant, third defendant, or third parties. Plaintiff entitled to damages from first defendant only.

Court Disposition

Judgment for plaintiff against first defendant

Orders

  • First defendant to pay plaintiff €80142.43 in damages