Fogarty -v- Cox [2016] IEHC 114 (26 February 2016)

Fogarty -v- Cox [2016] IEHC 114 (26 February 2016)

The court found, on the balance of probabilities, that the plaintiff's right elbow and shoulder injuries were caused by the road traffic accident of 25th November 2011. The court preferred the evidence of Dr McCarthy and Mr Mahalingam, who linked the injuries to the trauma of the accident, over that of Mr Riordan, who attributed the injuries to degenerative processes and steroid injections. The court accepted that the plaintiff had no prior elbow symptoms and that the trauma was sufficient to cause the injuries. The court awarded general damages for pain and suffering and special damages as claimed.

Citation
[2016] IEHC 114
Parties
Plaintiff: Anna Fogarty; Defendant: Michael Cox
Jurisdiction
Ireland
Judgment Date
26 February 2016
Procedural Posture
Personal Injuries Action / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Personal Injury, Causation, Damages, Road Traffic Accident
Tort Law Personal Injury Causation Damages Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Anna Fogarty

Plaintiff

Michael Cox

Defendant

Procedural Posture

Personal Injuries Action / High Court Judgment

Legal Issues

  1. 1 Whether the plaintiff's right elbow and shoulder injuries were caused by the road traffic accident on 25th November 2011
  2. 2 Whether the injuries were constitutional or caused/aggravated by repeated steroid injections
  3. 3 Assessment of damages for pain, suffering, and special damages

Ratio Decidendi

The court found, on the balance of probabilities, that the plaintiff's right elbow and shoulder injuries were caused by the road traffic accident of 25th November 2011. The court preferred the evidence of Dr McCarthy and Mr Mahalingam, who linked the injuries to the trauma of the accident, over that of Mr Riordan, who attributed the injuries to degenerative processes and steroid injections. The court accepted that the plaintiff had no prior elbow symptoms and that the trauma was sufficient to cause the injuries. The court awarded general damages for pain and suffering and special damages as claimed.

Court Disposition

Judgment for the plaintiff

Orders

  • The defendant shall pay the plaintiff general damages for pain and suffering.
  • The defendant shall pay the plaintiff special damages in the sum of €6,386.11.