Woods -v- Tyrell [2016] IEHC 355 (24 June 2016)

Woods -v- Tyrell [2016] IEHC 355 (24 June 2016)

The defendant was fully liable for the accident; plaintiff was entitled to be on the highway and her escape route was cut off by defendant's miscalculation. No contributory negligence found. Damages assessed based on significant but not catastrophic injuries, with €14,000 special damages and €120,000 general damages...

Source-derived case information.

Citation
[2016] IEHC 355
Parties
Plaintiff: Donna Woods; Defendant: Joseph Tyrell Junior
Jurisdiction
Ireland
Judgment Date
24 June 2016
Procedural Posture
Personal Injury / Final Judgment
Outcome
Judgment for plaintiff; full liability against defendant; no contributory negligence.
Legal Topics
Road Traffic Accident, Negligence, General Damages, Special Damages, Contributory Negligence
Tort Law Personal Injury Road Traffic Accident Negligence General Damages Special Damages Contributory Negligence

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Parties

Donna Woods

Plaintiff

Joseph Tyrell Junior

Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Liability for road traffic accident involving pedestrian
  2. 2 Assessment of contributory negligence
  3. 3 Quantum of general and special damages

Ratio Decidendi

The defendant was fully liable for the accident; plaintiff was entitled to be on the highway and her escape route was cut off by defendant's miscalculation. No contributory negligence found. Damages assessed based on significant but not catastrophic injuries, with €14,000 special damages and €120,000 general damages awarded.

Court Disposition

Judgment for plaintiff; full liability against defendant; no contributory negligence.

Orders

  • Defendant to pay plaintiff €134,000 in total damages (€14,000 special, €120,000 general).