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, not when the plaintiff discovers the injury or its cause. The 'discoverability' principle does not apply unless expressly provided by statute. Therefore, the plaintiff's claims were statute-barred as proceedings were commenced more than three years after the injury occurred.

Citation
[1990] 1 IR 148
Parties
Plaintiff: Anna Hegarty; Defendant: Francis O'Loughran; Defendant: Gerald Edwards
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment on Appeal and Cross Appeal From High Court
Outcome
Appeal dismissed; cross-appeal dismissed.
Legal Topics
Statute of Limitations, Accrual of Cause of Action, Personal Injury, Discoverability, Medical Malpractice
Tort Law Medical Negligence Limitation of Actions Statute of Limitations Accrual of Cause of Action Personal Injury Discoverability Medical Malpractice

Case Brief

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Parties

Anna Hegarty

Plaintiff

Francis O'Loughran

Defendant

Gerald Edwards

Defendant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal and Cross Appeal From High Court

Legal Issues

  1. 1 When does the cause of action accrue for the purposes of the Statute of Limitations, 1957, s. 11(2)(b) 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 Irish law?

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, not when the plaintiff discovers the injury or its cause. The 'discoverability' principle does not apply unless expressly provided by statute. Therefore, the plaintiff's claims were statute-barred as proceedings were commenced more than three years after the injury occurred.

Court Disposition

Appeal dismissed; cross-appeal dismissed.

Orders

  • The appeal by the plaintiff is dismissed.
  • The cross-appeal by the defendants is dismissed.