McKinnon v Mullen (Approved) [2021] IEHC 649 (12 April 2021)

McKinnon v Mullen (Approved) [2021] IEHC 649 (12 April 2021)

The court held that the plaintiff suffered serious and permanent injuries as a result of the defendant's negligence, warranting substantial damages. The impact on her life was significant and enduring, and the assessment of damages was made in accordance with the Book of Quantum, apportioning €50,000 for pain and...

Source-derived case information.

Citation
[2021] IEHC 649
Parties
Plaintiff: Catherine McKinnon; Defendant: Frank Mullen
Jurisdiction
Ireland
Judgment Date
12 April 2021
Procedural Posture
Personal Injury Claim / Assessment of Damages Following Default Judgment
Outcome
Plaintiff awarded damages
Legal Topics
Assessment of Damages, Default Judgment, Personal Injury Compensation
Tort Law Personal Injury Assessment of Damages Default Judgment Personal Injury Compensation

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Parties

Catherine McKinnon

Plaintiff

Frank Mullen

Defendant

Procedural Posture

Personal Injury Claim / Assessment of Damages Following Default Judgment

  1. 1 Quantum of damages for personal injuries following default judgment
  2. 2 Impact of pre-existing conditions and subsequent injuries on damages assessment

Ratio Decidendi

The court held that the plaintiff suffered serious and permanent injuries as a result of the defendant's negligence, warranting substantial damages. The impact on her life was significant and enduring, and the assessment of damages was made in accordance with the Book of Quantum, apportioning €50,000 for pain and suffering to date and €50,000 for future pain and suffering, totaling €100,000.

Court Disposition

Plaintiff awarded damages

Orders

  • Plaintiff awarded €100,000 in damages for pain and suffering (to date and future)
  • Case to be listed within 7 days for further remote hearing to address outstanding matters including costs