O'Neill v. Kenny [2003] IEHC 71 (24 October 2003)

O'Neill v. Kenny [2003] IEHC 71 (24 October 2003)

The plaintiff is entitled to damages as her injuries, caused by the defendant's negligence, have resulted in ongoing pain and a significant loss of earning capacity, with little prospect of returning to gainful employment.

Source-derived case information.

Citation
[2003] IEHC 71
Parties
Plaintiff: Margaret O'Neill; Defendant: Patrick Kenny
Jurisdiction
Ireland
Judgment Date
24 October 2003
Procedural Posture
Personal Injury Claim / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Personal Injury, Negligence, Damages, Loss of Earnings
Tort Law Personal Injury Negligence Damages Loss of Earnings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Margaret O'Neill

Plaintiff

Patrick Kenny

Defendant

Procedural Posture

Personal Injury Claim / Judgment

Legal Issues

  1. 1 Extent of liability for personal injuries resulting from a car accident
  2. 2 Assessment of damages for pain, suffering, and loss of earnings

Ratio Decidendi

The plaintiff is entitled to damages as her injuries, caused by the defendant's negligence, have resulted in ongoing pain and a significant loss of earning capacity, with little prospect of returning to gainful employment.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff €393,044 in damages