L. (R.) v. Minister for Health and Children [2001] IEHC 64; [2001] 1 IR 744 (6th April, 2001)

L. (R.) v. Minister for Health and Children [2001] IEHC 64; [2001] 1 IR 744 (6th April, 2001)

Supervening tortious acts are not to be treated as vicissitudes of life; both the Respondents and the driver in the road traffic accident are concurrent wrongdoers under section 11 of the Civil Liability Act, 1961, and each is liable for the full loss of earnings resulting from exclusion from the catering industry. The Applicant is entitled to recover the full amount of this loss from the Respondents.

Citation
[2001] 1 IR 744
Parties
Plaintiff: Applicant; Defendant: Respondents
Jurisdiction
Ireland
Procedural Posture
Personal Injury/damages / Final Judgment
Outcome
Judgment for the Applicant
Legal Topics
Assessment of Damages, Concurrent Wrongdoers, Vicissitudes Principle, Causation, Loss of Earnings
Tort Law Personal Injury Medical Negligence Assessment of Damages Concurrent Wrongdoers Vicissitudes Principle Causation Loss of Earnings

Case Brief

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Parties

Applicant

Plaintiff

Respondents

Defendant

Procedural Posture

Personal Injury/damages / Final Judgment

Legal Issues

  1. 1 Whether supervening tortious acts should be treated as vicissitudes of life in assessing damages
  2. 2 How to apportion liability for loss of earnings caused by successive tortious acts
  3. 3 Application of the vicissitudes principle to future loss of earnings

Ratio Decidendi

Supervening tortious acts are not to be treated as vicissitudes of life; both the Respondents and the driver in the road traffic accident are concurrent wrongdoers under section 11 of the Civil Liability Act, 1961, and each is liable for the full loss of earnings resulting from exclusion from the catering industry. The Applicant is entitled to recover the full amount of this loss from the Respondents.

Court Disposition

Judgment for the Applicant

Orders

  • General damages for pain and suffering awarded: £300,000
  • Future loss of earnings awarded: £125,000