Bennett -v- Cullen [2014] IEHC 574 (14 November 2014)

Bennett -v- Cullen [2014] IEHC 574 (14 November 2014)

The court found, based on uncontested medical evidence, that the plaintiff's injury was serious and permanent, justifying damages in the highest band. The court accepted the plaintiff's evidence on the impact of the injury on his work and life, but adjusted the loss of earnings claim to reflect deductions for hire purchase, subsistence, and accountancy costs. Future loss of earnings was compensated by enhanced general damages for diminished vocational opportunity, rather than a strict actuarial calculation.

Citation
[2014] IEHC 574
Parties
Plaintiff: Paul Bennett; Defendant: Gavin Cullen
Jurisdiction
Ireland
Judgment Date
14 November 2014
Procedural Posture
Personal Injuries Road Traffic Accident / Assessment of Damages After Liability Admitted
Outcome
Judgment for the plaintiff.
Legal Topics
Assessment of Damages, Loss of Earnings, Permanent Injury, Book of Quantum, General Damages, Special Damages
Tort Law Personal Injury Assessment of Damages Loss of Earnings Permanent Injury Book of Quantum General Damages Special Damages

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Parties

Paul Bennett

Plaintiff

Gavin Cullen

Defendant

Procedural Posture

Personal Injuries Road Traffic Accident / Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 What is the appropriate quantum of general and special damages for the plaintiff's injuries and losses arising from the road traffic accident?

Ratio Decidendi

The court found, based on uncontested medical evidence, that the plaintiff's injury was serious and permanent, justifying damages in the highest band. The court accepted the plaintiff's evidence on the impact of the injury on his work and life, but adjusted the loss of earnings claim to reflect deductions for hire purchase, subsistence, and accountancy costs. Future loss of earnings was compensated by enhanced general damages for diminished vocational opportunity, rather than a strict actuarial calculation.

Court Disposition

Judgment for the plaintiff.

Orders

  • Plaintiff awarded €70,000 in general damages (€45,000 to date, €25,000 future).
  • Plaintiff awarded €90,942.96 in special damages (including agreed non-earnings special damages of €6,264, loss of earnings to April 2013 of €49,678.96, and €35,000 for future vocational diminution).