Murphy -v- Malone Engineering Services Ltd & anor [2018] IEHC 358 (14 June 2018)

Murphy -v- Malone Engineering Services Ltd & anor [2018] IEHC 358 (14 June 2018)

The Plaintiff established on the balance of probabilities that the accident caused his physical injuries to the neck, lower back, and elbows, rendering previously asymptomatic osteoarthritis symptomatic and resulting in permanent disability and psychological injury. The most serious injury was to the elbows, falling within the 'severe and permanent conditions' category. General damages of €80,000 plus agreed special damages of €2,067 were awarded.

Citation
[2018] IEHC 358
Parties
Plaintiff: Patrick Murphy; First Defendant: Malone Engineering Services Ltd; Second Defendant: Francis Cleary
Jurisdiction
Ireland
Judgment Date
14 June 2018
Procedural Posture
Personal Injuries Action (negligence and Breach of Statutory Duty) / Judgment After Assessment of General Damages; Liability Admitted
Outcome
Judgment for the Plaintiff
Legal Topics
Negligence, Breach of Statutory Duty, Damages Assessment, Causation, Road Traffic Accident
Tort Law Personal Injury Negligence Breach of Statutory Duty Damages Assessment Causation Road Traffic Accident

Case Brief

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Parties

Patrick Murphy

Plaintiff

Malone Engineering Services Ltd

First Defendant

Francis Cleary

Second Defendant

Procedural Posture

Personal Injuries Action (negligence and Breach of Statutory Duty) / Judgment After Assessment of General Damages; Liability Admitted

Legal Issues

  1. 1 Whether the Plaintiff's ongoing physical and psychological injuries were caused by the accident or by pre-existing osteoarthritis
  2. 2 Assessment of general damages for pain and suffering

Ratio Decidendi

The Plaintiff established on the balance of probabilities that the accident caused his physical injuries to the neck, lower back, and elbows, rendering previously asymptomatic osteoarthritis symptomatic and resulting in permanent disability and psychological injury. The most serious injury was to the elbows, falling within the 'severe and permanent conditions' category. General damages of €80,000 plus agreed special damages of €2,067 were awarded.

Court Disposition

Judgment for the Plaintiff

Orders

  • General damages for pain and suffering to date: €50,000
  • General damages for pain and suffering into the future: €30,000