Coughlan v CGR Construction Ltd & Anor (Approved) [2023] IEHC 639 (17 November 2023)

Coughlan v CGR Construction Ltd & Anor (Approved) [2023] IEHC 639 (17 November 2023)

The dominant injury was a serious rotator cuff tear to the right shoulder, warranting €75,000 in general damages, with an uplift of €15,000 for additional injuries (headaches, wrist, neck, chest), resulting in €90,000 general damages. Special damages of €6,758 were awarded for surgery costs, totaling €96,758. The assessment followed the Personal Injuries Guidelines and proportionality principles.

Citation
[2023] IEHC 639
Parties
Plaintiff: Derek Coughlan; Defendant: CGR Construction Limited; Defendant: Niall O’Sullivan
Jurisdiction
Ireland
Judgment Date
17 November 2023
Procedural Posture
Personal Injury / Assessment of Damages After Liability Admitted
Outcome
Judgment for the plaintiff
Legal Topics
Assessment of Damages, Personal Injuries Guidelines, General Damages, Special Damages
Tort Law Personal Injury Assessment of Damages Personal Injuries Guidelines General Damages Special Damages

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Parties

Derek Coughlan

Plaintiff

CGR Construction Limited

Defendant

Niall O’Sullivan

Defendant

Procedural Posture

Personal Injury / Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 Appropriate quantum of general damages for pain and suffering (past and future)
  2. 2 Appropriate quantum of special damages for surgery costs

Ratio Decidendi

The dominant injury was a serious rotator cuff tear to the right shoulder, warranting €75,000 in general damages, with an uplift of €15,000 for additional injuries (headaches, wrist, neck, chest), resulting in €90,000 general damages. Special damages of €6,758 were awarded for surgery costs, totaling €96,758. The assessment followed the Personal Injuries Guidelines and proportionality principles.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded €96,758 in damages
  • Plaintiff awarded costs, to be adjudicated in default of agreement