Hussey -v- Twomey & ors [2009] IESC 1 (21 January 2009)

Hussey -v- Twomey & ors [2009] IESC 1 (21 January 2009)

The plaintiff was properly found guilty of contributory negligence for travelling as a passenger with a driver whom she knew or ought to have known was intoxicated. The 40% reduction in damages was justified given the objective evidence and the plaintiff's lack of candour. The trial judge's findings on the cause of the plaintiff's low back injury were supported by the evidence and should not be disturbed.

Citation
[2009] IESC 1
Parties
Plaintiff/appellant: Cynthia Hussey; Defendant/respondent: Mary Twomey; Defendant/respondent: Eugene Courtney; Defendant/respondent: Motor Insurers Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
21 January 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Contributory Negligence, Road Traffic Accidents, Assessment of Damages, Passenger Liability, Evidence in Civil Trials
Tort Law Personal Injury Contributory Negligence Road Traffic Accidents Assessment of Damages Passenger Liability Evidence in Civil Trials

Case Brief

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Parties

Cynthia Hussey

Plaintiff/appellant

Mary Twomey

Defendant/respondent

Eugene Courtney

Defendant/respondent

Motor Insurers Bureau of Ireland

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the plaintiff was guilty of contributory negligence for travelling as a passenger with a driver who had consumed alcohol
  2. 2 Whether the apportionment of 40% contributory negligence was justified
  3. 3 Whether the plaintiff's low back injury was attributable to the accident in question or a subsequent accident

Ratio Decidendi

The plaintiff was properly found guilty of contributory negligence for travelling as a passenger with a driver whom she knew or ought to have known was intoxicated. The 40% reduction in damages was justified given the objective evidence and the plaintiff's lack of candour. The trial judge's findings on the cause of the plaintiff's low back injury were supported by the evidence and should not be disturbed.

Court Disposition

appeal dismissed

Orders

  • High Court order affirmed
  • Apportionment of 40% contributory negligence upheld