Heaphy v Murphy & ors [2018] IEHC 141 (07 March 2018)

Heaphy v Murphy & ors [2018] IEHC 141 (07 March 2018)

The plaintiff voluntarily assumed the risk by knowingly entering an uninsured vehicle driven by the second defendant, instigated pursuit, and failed to wear a seatbelt; clause 5.2 of the MIBI Agreement excludes recovery against the second defendant; contributory negligence applies; public policy and ex turpi causa do not bar recovery against the first defendant; damages must be apportioned with substantial reduction for contributory negligence.

Citation
[2018] IEHC 141
Parties
Plaintiff: John Heaphy; First Defendant: Philip Murphy; Second Defendant: James Simms; Third Defendant: Motor Insurers Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
07 March 2018
Procedural Posture
Personal Injury / Judgment After Default of Appearance and Assessment of Damages
Outcome
Plaintiff's claim against second defendant dismissed; claim against first defendant and MIBI allowed subject to substantial reduction for contributory negligence.
Legal Topics
Contributory Negligence, Duty of Care, Ex Turpi Causa, Volenti Non Fit Injuria, Public Policy, MIBI Agreement, Causation, Compensation for Uninsured Vehicles
Tort Law Insurance Law Road Traffic Law Contributory Negligence Duty of Care Ex Turpi Causa Volenti Non Fit Injuria Public Policy +3 more

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Parties

John Heaphy

Plaintiff

Philip Murphy

First Defendant

James Simms

Second Defendant

Motor Insurers Bureau of Ireland

Third Defendant

Procedural Posture

Personal Injury / Judgment After Default of Appearance and Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensation for injuries sustained in a road traffic accident involving uninsured vehicles
  2. 2 Whether contributory negligence, voluntary assumption of risk, or involvement in an illegal venture precludes recovery
  3. 3 Whether the MIBI Agreement clause 5.2 excludes liability for the plaintiff's injuries

Ratio Decidendi

The plaintiff voluntarily assumed the risk by knowingly entering an uninsured vehicle driven by the second defendant, instigated pursuit, and failed to wear a seatbelt; clause 5.2 of the MIBI Agreement excludes recovery against the second defendant; contributory negligence applies; public policy and ex turpi causa do not bar recovery against the first defendant; damages must be apportioned with substantial reduction for contributory negligence.

Court Disposition

Plaintiff's claim against second defendant dismissed; claim against first defendant and MIBI allowed subject to substantial reduction for contributory negligence.

Orders

  • Judgment in default of appearance against first defendant
  • Leave to serve by advertisement against second defendant