Savino -v- Snow [2012] IEHC 207 (20 April 2012)

Savino -v- Snow [2012] IEHC 207 (20 April 2012)

The court found that 65% of the plaintiff's pain, suffering, and special damages were attributable to the road traffic accident, with 35% attributable to the subsequent pram incident. The court awarded damages accordingly, after detailed consideration of medical and vocational evidence, and applied apportionment to both general and special damages except for car damage and car hire, which were awarded in full.

Citation
[2012] IEHC 207
Parties
Plaintiff: Franz Savino; Defendant: William Snow
Jurisdiction
Ireland
Judgment Date
20 April 2012
Procedural Posture
Personal Injury Assessment of Damages / Judgment After Trial
Outcome
Judgment for the plaintiff with apportionment of damages
Legal Topics
Assessment of Damages, Apportionment of Liability, Road Traffic Accident, Special Damages, General Damages
Tort Law Personal Injury Assessment of Damages Apportionment of Liability Road Traffic Accident Special Damages General Damages

Case Brief

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Parties

Franz Savino

Plaintiff

William Snow

Defendant

Procedural Posture

Personal Injury Assessment of Damages / Judgment After Trial

Legal Issues

  1. 1 Extent and severity of injuries caused by the road traffic accident
  2. 2 Effect of subsequent incidents (assault and pram incident) on plaintiff's injuries
  3. 3 Apportionment of damages between the accident and subsequent events

Ratio Decidendi

The court found that 65% of the plaintiff's pain, suffering, and special damages were attributable to the road traffic accident, with 35% attributable to the subsequent pram incident. The court awarded damages accordingly, after detailed consideration of medical and vocational evidence, and applied apportionment to both general and special damages except for car damage and car hire, which were awarded in full.

Court Disposition

Judgment for the plaintiff with apportionment of damages

Orders

  • Plaintiff awarded €345,119.70 in total damages, including apportioned general and special damages and full recovery for car damage and car hire.