Daly -v- Mulhern & Anor [2005] IEHC 140 (22 April 2005)

Daly -v- Mulhern & Anor [2005] IEHC 140 (22 April 2005)

The plaintiff is entitled to compensatory damages for her injuries and to aggravated damages due to the defendant's conduct in denying the accident, implying fabrication and intoxication, and maintaining this stance throughout the proceedings, which caused additional distress and humiliation beyond the original injury.

Citation
[2005] IEHC 140
Parties
Plaintiff: Mary Iris Daly; First Defendant: Dessie Mulhern; Second Defendant: The Motor Insurers' Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
22 April 2005
Procedural Posture
Personal Injury/negligence / Judgment After Trial
Outcome
Decree for the plaintiff
Legal Topics
Negligence, Aggravated Damages, Compensatory Damages, Road Traffic Accident
Tort Law Personal Injury Negligence Aggravated Damages Compensatory Damages Road Traffic Accident

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mary Iris Daly

Plaintiff

Dessie Mulhern

First Defendant

The Motor Insurers' Bureau of Ireland

Second Defendant

Procedural Posture

Personal Injury/negligence / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff is entitled to compensatory damages for injuries sustained in a road traffic accident
  2. 2 Whether the plaintiff is entitled to aggravated damages due to the conduct of the defendant in the defence of the claim

Ratio Decidendi

The plaintiff is entitled to compensatory damages for her injuries and to aggravated damages due to the defendant's conduct in denying the accident, implying fabrication and intoxication, and maintaining this stance throughout the proceedings, which caused additional distress and humiliation beyond the original injury.

Court Disposition

Decree for the plaintiff

Orders

  • Plaintiff awarded €25,000 for pain and suffering to date
  • Plaintiff awarded €10,000 for future pain and suffering