Boyne v. Bus Atha Cliath and Anor [2002] IEHC 135 (11 April 2002)

The defendants were negligent in failing to keep the intoxicated plaintiff under observation after alighting, resulting in injury. The plaintiff was guilty of contributory negligence, assessed at 25%, for failing to take reasonable care for his own safety due to intoxication. Damages were awarded and reduced accordingly.

Citation: [2002] IEHC 135
Parties: Plaintiff: Luke Boyne; Defendant: Bus Atha Cliath; Defendant: James McGrath
Jurisdiction: Ireland
Judgment Date: 11 April 2002
Procedural Posture: Personal Injury / Final Judgment
Outcome: Liability apportioned 75% to defendants, 25% to plaintiff; damages awarded and reduced for contributory negligence.
Legal Topics: Negligence, Contributory Negligence, Duty of Care, Damages, Intoxication

Tort Personal Injury Negligence Contributory Negligence Duty of Care Damages Intoxication

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 7

Parties

Luke Boyne

Plaintiff

Bus Atha Cliath

Defendant

James McGrath

Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

1 Whether the defendants were negligent in causing injury to the plaintiff
2 Whether the plaintiff was guilty of contributory negligence due to intoxication
3 Assessment of damages for personal injuries

Ratio Decidendi

Court Disposition

Liability apportioned 75% to defendants, 25% to plaintiff; damages awarded and reduced for contributory negligence.

Orders

Plaintiff awarded €405,958.95 in damages after reduction for contributory negligence.