Power v Malone (Approved) [2023] IEHC 366 (16 June 2023)

Power v Malone (Approved) [2023] IEHC 366 (16 June 2023)

Plaintiff's failure to wear a seatbelt contributed 20% to her injuries, warranting a 20% reduction in damages. The dominant injury was serious facial scarring, valued at €60,000, with a €30,000 uplift for other injuries. Special damages for makeup and agreed items were awarded. Total damages were reduced by 20% for...

Source-derived case information.

Citation
[2023] IEHC 366
Parties
Plaintiff: Amy Power; Defendant: Ciaran Malone
Jurisdiction
Ireland
Judgment Date
16 June 2023
Procedural Posture
Personal Injury Road Traffic Accident / Assessment of Damages After Liability Established, With Contributory Negligence in Issue
Outcome
Damages assessed and awarded to plaintiff, reduced by 20% for contributory negligence.
Legal Topics
Contributory Negligence, Assessment of Damages, Road Traffic Accidents, Psychological Injury, Special Damages
Tort Law Personal Injury Contributory Negligence Assessment of Damages Road Traffic Accidents Psychological Injury Special Damages

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Parties

Amy Power

Plaintiff

Ciaran Malone

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Assessment of Damages After Liability Established, With Contributory Negligence in Issue

Legal Issues

  1. 1 Extent of contributory negligence for failure to wear seatbelt
  2. 2 Appropriate quantum of damages for facial and hand scarring, psychological injury, and special damages

Ratio Decidendi

Plaintiff's failure to wear a seatbelt contributed 20% to her injuries, warranting a 20% reduction in damages. The dominant injury was serious facial scarring, valued at €60,000, with a €30,000 uplift for other injuries. Special damages for makeup and agreed items were awarded. Total damages were reduced by 20% for contributory negligence.

Court Disposition

Damages assessed and awarded to plaintiff, reduced by 20% for contributory negligence.

Orders

  • Plaintiff awarded €86,076.80 in total damages after 20% deduction for contributory negligence.
  • Costs to follow the event unless otherwise argued.