Hayes v. Ennis [2005] IEHC 117 (15 April 2005)

Hayes v. Ennis [2005] IEHC 117 (15 April 2005)

The court accepted the evidence that the deceased would have continued to financially support both children, particularly Scott, throughout his lifetime, and awarded damages accordingly, adjusting the amounts to reflect the difference in dependency between Scott and Jennifer.

Citation
[2005] IEHC 117
Parties
Plaintiff: Kevin Patrick Hayes; Defendant: Audrey Ennis
Jurisdiction
Ireland
Judgment Date
15 April 2005
Procedural Posture
Civil Liability / Wrongful Death / Judgment After Trial
Outcome
judgment for the plaintiff
Legal Topics
Dependency Claim, Damages Assessment, Wrongful Death, Civil Liability Act 1961
Tort Law Civil Liability Dependency Claim Damages Assessment Wrongful Death Civil Liability Act 1961

Case Brief

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Parties

Kevin Patrick Hayes

Plaintiff

Audrey Ennis

Defendant

Procedural Posture

Civil Liability / Wrongful Death / Judgment After Trial

Legal Issues

  1. 1 Whether the dependants are entitled to damages for loss of dependency under s.47 of the Civil Liability Act, 1961
  2. 2 Assessment of quantum of damages for dependency, special damages, and mental distress

Ratio Decidendi

The court accepted the evidence that the deceased would have continued to financially support both children, particularly Scott, throughout his lifetime, and awarded damages accordingly, adjusting the amounts to reflect the difference in dependency between Scott and Jennifer.

Court Disposition

judgment for the plaintiff

Orders

  • Award of €400,000 for dependency loss
  • Award of €34,684.67 for special damages