Tevlin -v- McArdle & Anor [2014] IEHC 436 (06 October 2014)

Tevlin -v- McArdle & Anor [2014] IEHC 436 (06 October 2014)

Plaintiff entitled to damages against both defendants; Motor Insurers Bureau liable to satisfy judgment up to 55% of €662,500 due to 45% reduction for contributory negligence (35% for alcohol, 10% for seatbelt). Ex turpe causa and public policy do not bar recovery; contributory negligence is the appropriate basis for reduction.

Citation
[2014] IEHC 436
Parties
Plaintiff: Michael Tevlin; First Named Defendant: Kevin McArdle; Second Named Defendant: Motor Insurers Bureau of Ireland
Jurisdiction
Ireland
Judgment Date
06 October 2014
Procedural Posture
Personal Injury / Judgment After Trial, Damages Assessed
Outcome
Plaintiff awarded damages against first named defendant; declaration against second named defendant for payment up to 55% of €662,500.
Legal Topics
Contributory Negligence, Duty of Care, Ex Turpe Causa, Public Policy, Motor Insurers Bureau Agreement, Seatbelt Liability
Tort Law Insurance Law Personal Injury Contributory Negligence Duty of Care Ex Turpe Causa Public Policy Motor Insurers Bureau Agreement +1 more

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Michael Tevlin

Plaintiff

Kevin McArdle

First Named Defendant

Motor Insurers Bureau of Ireland

Second Named Defendant

Procedural Posture

Personal Injury / Judgment After Trial, Damages Assessed

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages against the uninsured driver and the Motor Insurers Bureau of Ireland
  2. 2 Whether the plaintiff's conduct bars or reduces recovery due to contributory negligence, ex turpe causa, or public policy
  3. 3 Extent of damages and reduction for contributory negligence (alcohol consumption and seatbelt)

Ratio Decidendi

Plaintiff entitled to damages against both defendants; Motor Insurers Bureau liable to satisfy judgment up to 55% of €662,500 due to 45% reduction for contributory negligence (35% for alcohol, 10% for seatbelt). Ex turpe causa and public policy do not bar recovery; contributory negligence is the appropriate basis for reduction.

Court Disposition

Plaintiff awarded damages against first named defendant; declaration against second named defendant for payment up to 55% of €662,500.

Orders

  • Judgment for plaintiff against first named defendant for €660,000.
  • Declaration against second named defendant to satisfy judgment up to 55% of €662,500.