Malee v. Gaelthorpe Ltd. T/A Rathvilly Trout Farm [1998] IESC 35 (2nd November, 1998)

Malee v. Gaelthorpe Ltd. T/A Rathvilly Trout Farm [1998] IESC 35 (2nd November, 1998)

The Supreme Court found that the trial judge's assessment of damages was pragmatic and just, and none of the figures awarded were excessive given the plaintiff's injuries, ongoing pain, and loss of earning capacity.

Citation
[1998] IESC 35
Parties
Plaintiff: Plaintiff (name not specified); Defendant: Defendant (name not specified)
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Assessment of Damages
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Personal Injury Compensation, Loss of Earnings, Pain and Suffering
Tort Law Personal Injury Assessment of Damages Personal Injury Compensation Loss of Earnings Pain and Suffering

Case Brief

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Parties

Plaintiff (name not specified)

Plaintiff

Defendant (name not specified)

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether the damages awarded by the High Court for personal injuries were excessive

Ratio Decidendi

The Supreme Court found that the trial judge's assessment of damages was pragmatic and just, and none of the figures awarded were excessive given the plaintiff's injuries, ongoing pain, and loss of earning capacity.

Court Disposition

appeal dismissed

Orders

  • The awards of the High Court for special damages (£10,789), future loss of earnings (£22,500), general damages for pain and suffering to date (£55,000), and pain and suffering in the future (£20,000) are upheld.