O'Donnell v. O'Donnell [2005] IEHC 216 (22 June 2005)

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
Tort Law Personal Injury Constitutional Law Sexual Assault Trespass to the Person Intentional Infliction of Emotional Suffering Bodily Integrity Damages +2 more

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Parties

John James O'Donnell

Plaintiff

Jimmy O'Donnell

Defendant

Procedural Posture

Civil / Assessment of Damages Following Admission of Liability

  1. 1 Entitlement to compensatory damages for sexual abuse and trespass to the person
  2. 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