L. (R.) v. Minister for Health and Children [2001] IEHC 64; [2001] 1 IR 744 (6th April, 2001)
Where a claimant suffers exclusion from an occupation due to both a tortious act and a subsequent tortious accident, both are concurrent wrongdoers under section 11 of the Civil Liability Act, 1961, and each is liable for the entire loss; tortious supervening events are not vicissitudes of life for damages assessment.
- Citation
- [2001] IEHC 64
- Parties
- Plaintiff: Applicant; Defendants: Respondents
- Jurisdiction
- Ireland
- Procedural Posture
- Personal Injury/damages / Final Judgment
- Outcome
- Judgment for Applicant
- Legal Topics
- Assessment of Damages, Concurrent Wrongdoers, Vicissitudes Principle, Causation, Loss of Earnings
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Plaintiff
Respondents
Defendants
Procedural Posture
Personal Injury/damages / Final Judgment
Legal Issues
- 1 Whether supervening tortious and non-tortious events affect assessment of damages for loss of earnings
- 2 Application of vicissitudes principle to tortious and non-tortious supervening events
- 3 Liability for loss of earnings after supervening accident
Ratio Decidendi
Where a claimant suffers exclusion from an occupation due to both a tortious act and a subsequent tortious accident, both are concurrent wrongdoers under section 11 of the Civil Liability Act, 1961, and each is liable for the entire loss; tortious supervening events are not vicissitudes of life for damages assessment.
Court Disposition
Judgment for Applicant
Orders
- General damages for pain and suffering: £300,000
- Future loss of earnings: £125,000
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