McLaughlin v Dealey & Anor (Approved) [2023] IEHC 106 (07 March 2023)

McLaughlin v Dealey & Anor (Approved) [2023] IEHC 106 (07 March 2023)

The plaintiff is entitled to damages for persistent lower back pain resulting from a workplace accident, with expert evidence from a consultant orthopaedic surgeon directly engaged by her solicitor accepted as objective and reliable. Loss of opportunity to pursue nursing is not a strong factor in damages absent evidence of financial loss.

Citation
[2023] IEHC 106
Parties
Plaintiff: Charlena McLaughlin; Defendant: David Dealey; Defendant: Health Service Executive
Jurisdiction
Ireland
Judgment Date
07 March 2023
Procedural Posture
Personal Injury / Assessment of Damages Following Admission of Liability
Outcome
Judgment for plaintiff against Health Service Executive
Legal Topics
Assessment of Damages, Expert Evidence, Loss of Opportunity, Soft Tissue Injury
Tort Law Personal Injury Assessment of Damages Expert Evidence Loss of Opportunity Soft Tissue Injury

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Parties

Charlena McLaughlin

Plaintiff

David Dealey

Defendant

Health Service Executive

Defendant

Procedural Posture

Personal Injury / Assessment of Damages Following Admission of Liability

Legal Issues

  1. 1 Appropriate damages for persistent soft tissue injury
  2. 2 Weight to be attached to expert evidence directly engaged by solicitor
  3. 3 Loss of opportunity claim for change of career

Ratio Decidendi

The plaintiff is entitled to damages for persistent lower back pain resulting from a workplace accident, with expert evidence from a consultant orthopaedic surgeon directly engaged by her solicitor accepted as objective and reliable. Loss of opportunity to pursue nursing is not a strong factor in damages absent evidence of financial loss.

Court Disposition

Judgment for plaintiff against Health Service Executive

Orders

  • Total award of damages in favour of plaintiff in the sum of €60,272