Kerr v. Molloy and Sherry (Lough Eglish) Ltd. & Anor [2006] IEHC 364 (16 November 2006)

Kerr v. Molloy and Sherry (Lough Eglish) Ltd. & Anor [2006] IEHC 364 (16 November 2006)

Plaintiff proved on balance of probabilities that the incident occurred as described, establishing breach of statutory duty by the First Named Defendant; Plaintiff not guilty of contributory negligence; Plaintiff entitled to general damages for pain and suffering.

Source-derived case information.

Citation
[2006] IEHC 364
Parties
Plaintiff: Noel Kerr; First Named Defendant: Molloy and Sherry (Lough Eglish) Limited; Second Named Defendant: Onalis Limited
Jurisdiction
Ireland
Judgment Date
16 November 2006
Procedural Posture
Personal Injury / Judgment
Outcome
Judgment for Plaintiff against First Named Defendant; Judgment in default of appearance against Second Named Defendant.
Legal Topics
Negligence, Breach of Statutory Duty, Personal Injury, Contributory Negligence, Workplace Safety
Tort Law Employment Law Negligence Breach of Statutory Duty Personal Injury Contributory Negligence Workplace Safety

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Parties

Noel Kerr

Plaintiff

Molloy and Sherry (Lough Eglish) Limited

First Named Defendant

Onalis Limited

Second Named Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the Plaintiff suffered injury due to breach of duty by the Defendants
  2. 2 Whether the Plaintiff was guilty of contributory negligence
  3. 3 Whether the Plaintiff exaggerated his injuries

Ratio Decidendi

Plaintiff proved on balance of probabilities that the incident occurred as described, establishing breach of statutory duty by the First Named Defendant; Plaintiff not guilty of contributory negligence; Plaintiff entitled to general damages for pain and suffering.

Court Disposition

Judgment for Plaintiff against First Named Defendant; Judgment in default of appearance against Second Named Defendant.

Orders

  • Award of general damages for pain, suffering and inconvenience to date in the sum of €12,500.
  • Court to hear parties on the issue of costs.