O'Donnell v. O'Donnell [2005] IEHC 216 (22 June 2005)
The plaintiff is entitled to substantial compensatory damages for sexual abuse and trespass to the person, as well as aggravated damages due to the defendant's conduct in threatening baseless proceedings, but not exemplary damages as the compensatory award is sufficient punishment.
Source-derived case information.
- Citation
- [2005] IEHC 216
- Parties
- Plaintiff: John James O'Donnell; Defendant: Jimmy O'Donnell
- Jurisdiction
- Ireland
- Judgment Date
- 22 June 2005
- Procedural Posture
- Civil / Assessment of Damages Following Admission of Liability
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Sexual Assault, Trespass to the Person, Intentional Infliction of Emotional Suffering, Bodily Integrity, Damages, Aggravated Damages, Exemplary Damages
Source-derived case record
Summary, issues, holding and outcome
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Parties
John James O'Donnell
Plaintiff
Jimmy O'Donnell
Defendant
Procedural Posture
Civil / Assessment of Damages Following Admission of Liability
Legal Issues
- 1 Entitlement to compensatory damages for sexual abuse and trespass to the person
- 2 Whether aggravated and/or exemplary damages should be awarded
Ratio Decidendi
The plaintiff is entitled to substantial compensatory damages for sexual abuse and trespass to the person, as well as aggravated damages due to the defendant's conduct in threatening baseless proceedings, but not exemplary damages as the compensatory award is sufficient punishment.
Court Disposition
Judgment for the plaintiff
Orders
- Award of €85,000 for pain and suffering to date
- Award of €3,000 aggravated damages
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