Chestnutt -v- Coyne & Anor [2012] IEHC 503 (15 November 2012)

Chestnutt -v- Coyne & Anor [2012] IEHC 503 (15 November 2012)

The accident was caused by the negligence of the first defendant in failing to keep a proper lookout and driving the lorry so close to the kerb that the wing mirror struck the plaintiff, for which the second defendant is vicariously liable. There was no contributory negligence by the plaintiff.

Citation
[2012] IEHC 503
Parties
Plaintiff: Ciaran Chestnutt; Defendant: Michael Coyne; Defendant: Waterford City Council
Jurisdiction
Ireland
Judgment Date
15 November 2012
Procedural Posture
Personal Injuries Action / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Vicarious Liability, Road Traffic Accident, Damages Assessment
Tort Law Personal Injury Negligence Vicarious Liability Road Traffic Accident Damages Assessment

Case Brief

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Parties

Ciaran Chestnutt

Plaintiff

Michael Coyne

Defendant

Waterford City Council

Defendant

Procedural Posture

Personal Injuries Action / High Court Judgment

Legal Issues

  1. 1 Whether the defendants were negligent in causing the plaintiff's injuries
  2. 2 Whether the plaintiff contributed to the accident (contributory negligence)
  3. 3 Assessment of damages for personal injuries

Ratio Decidendi

The accident was caused by the negligence of the first defendant in failing to keep a proper lookout and driving the lorry so close to the kerb that the wing mirror struck the plaintiff, for which the second defendant is vicariously liable. There was no contributory negligence by the plaintiff.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay the plaintiff €300,000 in damages