Madden -v- Doohan & Ors [2012] IEHC 422 (09 October 2012)

Madden -v- Doohan & Ors [2012] IEHC 422 (09 October 2012)

The defendants are jointly and severally liable for the plaintiff's losses arising from the death of the deceased on the basis of conspiracy, as established by prior criminal convictions and supported by the evidence. Issue estoppel precludes the defendants from denying liability for conspiracy. Damages are awarded under solatium, dependency, special damages, and nervous shock.

Citation
[2012] IEHC 422
Parties
Plaintiff: Margaret Madden; Defendant: Michael Doohan; Defendant: Michael Joseph Herron; Defendant: Thomas Derrig; Defendant: Patrick McGrath
Jurisdiction
Ireland
Judgment Date
09 October 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the plaintiff against all defendants on a joint and several liability basis.
Legal Topics
Conspiracy, Battery, Assault, Dependency Claim, Solatium, Nervous Shock, Special Damages, Issue Estoppel
Tort Law Civil Liability Wrongful Death Conspiracy Battery Assault Dependency Claim Solatium +3 more

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Parties

Margaret Madden

Plaintiff

Michael Doohan

Defendant

Michael Joseph Herron

Defendant

Thomas Derrig

Defendant

Patrick McGrath

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants are jointly and severally liable for the death of the deceased on the basis of conspiracy to cause harm
  2. 2 Whether issue estoppel arising from criminal convictions precludes the defendants from denying liability in civil proceedings
  3. 3 Assessment of damages under solatium, dependency, special damages, and nervous shock

Ratio Decidendi

The defendants are jointly and severally liable for the plaintiff's losses arising from the death of the deceased on the basis of conspiracy, as established by prior criminal convictions and supported by the evidence. Issue estoppel precludes the defendants from denying liability for conspiracy. Damages are awarded under solatium, dependency, special damages, and nervous shock.

Court Disposition

Judgment for the plaintiff against all defendants on a joint and several liability basis.

Orders

  • Award of €25,400 solatium divided among statutory dependents.
  • Award of €550,000 to Margaret Madden for dependency claim.