Hegarty v. O'Loughran [1990] IESC 2; [1990] 1 IR 148 (8th February, 1990)

Hegarty v. O'Loughran [1990] IESC 2; [1990] 1 IR 148 (8th February, 1990)

The limitation period under s. 11(2)(b) of the Statute of Limitations, 1957, begins to run when a provable personal injury, capable of attracting compensation, occurs to the plaintiff, not when the plaintiff discovers the injury or its cause. The discoverability principle does not apply absent express legislative provision. Accordingly, the plaintiff's claims against both defendants were statute-barred as the proceedings were commenced more than three years after the injuries occurred.

Citation
[1990] IESC 2
Parties
Plaintiff: Anna Hegarty; Defendant: Francis O'Loughran; Defendant: Gerald Edwards
Jurisdiction
Ireland
Procedural Posture
Appeal and Cross Appeal From High Court / Supreme Court Judgment
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Statute of Limitations, Accrual of Cause of Action, Personal Injuries, Discoverability, Medical Malpractice
Tort Law Medical Negligence Limitation of Actions Statute of Limitations Accrual of Cause of Action Personal Injuries Discoverability Medical Malpractice

Case Brief

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Parties

Anna Hegarty

Plaintiff

Francis O'Loughran

Defendant

Gerald Edwards

Defendant

Procedural Posture

Appeal and Cross Appeal From High Court / Supreme Court Judgment

Legal Issues

  1. 1 When does the cause of action accrue for the purposes of s. 11(2)(b) of the Statute of Limitations, 1957, in personal injury cases arising from alleged medical negligence?
  2. 2 Does the 'discoverability' principle apply to the accrual of a cause of action under the Statute of Limitations, 1957?

Ratio Decidendi

The limitation period under s. 11(2)(b) of the Statute of Limitations, 1957, begins to run when a provable personal injury, capable of attracting compensation, occurs to the plaintiff, not when the plaintiff discovers the injury or its cause. The discoverability principle does not apply absent express legislative provision. Accordingly, the plaintiff's claims against both defendants were statute-barred as the proceedings were commenced more than three years after the injuries occurred.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • Plaintiff's appeal dismissed; High Court order affirmed.
  • Action against both defendants dismissed as statute-barred.