Rossiter v. Dun Laoighre Rathdown County Council [2001] IESC 85 (31 October 2001)

Rossiter v. Dun Laoighre Rathdown County Council [2001] IESC 85 (31 October 2001)

The award of £120,000 did not bear a reasonable proportion to the compensation to which the plaintiff was entitled for the loss of sight in one eye, pain and suffering, and loss of employment opportunity; the sum was so low as to amount to an error of law and should be increased to £150,000.

Source-derived case information.

Citation
[2001] IESC 85
Parties
Plaintiff: Paul Rossiter; Defendant: First Named Defendant/Respondent; Defendant: Second Named Defendant/Respondent
Jurisdiction
Ireland
Judgment Date
31 October 2001
Procedural Posture
Personal Injury Appeal / Supreme Court Appeal on Quantum of Damages
Outcome
Appeal allowed; award increased
Legal Topics
Assessment of Damages, Loss of Earning Capacity, Pain and Suffering, Appeal on Quantum
Tort Law Personal Injury Assessment of Damages Loss of Earning Capacity Pain and Suffering Appeal on Quantum

Source-derived case record

Summary, issues, holding and outcome

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Parties

Paul Rossiter

Plaintiff

First Named Defendant/Respondent

Defendant

Second Named Defendant/Respondent

Defendant

Procedural Posture

Personal Injury Appeal / Supreme Court Appeal on Quantum of Damages

Legal Issues

  1. 1 Whether the High Court award of £120,000 in damages for loss of sight in one eye was adequate
  2. 2 Whether the trial judge erred in not breaking down damages into past and future pain and suffering
  3. 3 Whether a separate sum for loss of employment opportunity was appropriate

Ratio Decidendi

The award of £120,000 did not bear a reasonable proportion to the compensation to which the plaintiff was entitled for the loss of sight in one eye, pain and suffering, and loss of employment opportunity; the sum was so low as to amount to an error of law and should be increased to £150,000.

Court Disposition

Appeal allowed; award increased

Orders

  • Award of damages increased from £120,000 to £150,000