O'Brien v. Parker [1997] IEHC 37; [1997] 2 ILRM 170 (25th February, 1997)

O'Brien v. Parker [1997] IEHC 37; [1997] 2 ILRM 170 (25th February, 1997)

The defendant did not establish the defence of automatism on the balance of probabilities because he retained some voluntary control and awareness of symptoms prior to the accident; therefore, he was negligent and liable for the plaintiff's loss.

Source-derived case information.

Citation
[1997] IEHC 37
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / High Court Appeal From Circuit Court Judgment
Outcome
Appeal allowed; judgment for the plaintiff.
Legal Topics
Negligence, Automatism, Inevitable Accident, Standard of Care, Liability in Motor Vehicle Accidents
Tort Law Negligence Automatism Inevitable Accident Standard of Care Liability in Motor Vehicle Accidents

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Appeal / High Court Appeal From Circuit Court Judgment

Legal Issues

  1. 1 Whether the defendant was negligent in causing the motor vehicle collision
  2. 2 Whether the defence of automatism or inevitable accident due to sudden illness (epileptic seizure) absolves the defendant of liability

Ratio Decidendi

The defendant did not establish the defence of automatism on the balance of probabilities because he retained some voluntary control and awareness of symptoms prior to the accident; therefore, he was negligent and liable for the plaintiff's loss.

Court Disposition

Appeal allowed; judgment for the plaintiff.

Orders

  • Order of the Circuit Court vacated.
  • Judgment for the plaintiff in the agreed sum of £5,093.33.