Gallagher -v- McGeady [2013] IEHC 100 (08 March 2013)

Gallagher -v- McGeady [2013] IEHC 100 (08 March 2013)

The plaintiff was guilty of contributory negligence both by travelling with a driver whose capacity was impaired by alcohol, which she ought to have observed, and by failing to wear a seatbelt, as established by the evidence. Contributory negligence was assessed at 40%, reducing the damages accordingly.

Citation
[2013] IEHC 100
Parties
Plaintiff: Erin Gallagher; Defendant: Oliver McGeady
Jurisdiction
Ireland
Judgment Date
08 March 2013
Procedural Posture
Personal Injury / Assessment of Damages After Admission of Liability, With Contributory Negligence Issues
Outcome
Judgment for the plaintiff, damages reduced for contributory negligence
Legal Topics
Contributory Negligence, Road Traffic Accidents, Damages Assessment, Seatbelt Use, Alcohol and Driving
Tort Law Personal Injury Contributory Negligence Road Traffic Accidents Damages Assessment Seatbelt Use Alcohol and Driving

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Parties

Erin Gallagher

Plaintiff

Oliver McGeady

Defendant

Procedural Posture

Personal Injury / Assessment of Damages After Admission of Liability, With Contributory Negligence Issues

Legal Issues

  1. 1 Whether the plaintiff was guilty of contributory negligence by travelling with a driver impaired by alcohol
  2. 2 Whether the plaintiff was guilty of contributory negligence by failing to wear a seatbelt
  3. 3 Assessment of damages for personal injuries

Ratio Decidendi

The plaintiff was guilty of contributory negligence both by travelling with a driver whose capacity was impaired by alcohol, which she ought to have observed, and by failing to wear a seatbelt, as established by the evidence. Contributory negligence was assessed at 40%, reducing the damages accordingly.

Court Disposition

Judgment for the plaintiff, damages reduced for contributory negligence

Orders

  • General damages for past: €100,000
  • General damages for future: €65,000