Carr -v- Olas & Anor [2012] IEHC 59 (15 March 2012)

Carr -v- Olas & Anor [2012] IEHC 59 (15 March 2012)

The accident was caused by an instinctive, non-deliberate reaction by the first defendant to the plaintiff's dangerous actions; neither defendant was negligent nor liable for assault, and the plaintiff's claim must be dismissed.

Citation
[2012] IEHC 59
Parties
Plaintiff: David Carr; Defendant: Joao Olas; Defendant: Jennifer Doran
Jurisdiction
Ireland
Judgment Date
15 March 2012
Procedural Posture
Personal Injury / High Court Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Ex Turpi Causa, Duty of Care, Road Traffic Accidents, Contributory Negligence
Tort Law Personal Injury Negligence Ex Turpi Causa Duty of Care Road Traffic Accidents Contributory Negligence

Case Brief

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Parties

David Carr

Plaintiff

Joao Olas

Defendant

Jennifer Doran

Defendant

Procedural Posture

Personal Injury / High Court Judgment

Legal Issues

  1. 1 Whether the defendants were liable in negligence for the injuries sustained by the plaintiff in a road traffic accident
  2. 2 Whether the doctrine of ex turpi causa bars recovery
  3. 3 Whether the actions of the defendants constituted assault or negligence

Ratio Decidendi

The accident was caused by an instinctive, non-deliberate reaction by the first defendant to the plaintiff's dangerous actions; neither defendant was negligent nor liable for assault, and the plaintiff's claim must be dismissed.

Court Disposition

Plaintiff's claim dismissed