Greene v. J. Hughes Haulage Ltd. [1997] IEHC 110; [1997] 3 IR 109; [1998] 1 ILRM 34 (28th June, 1997)

Greene v. J. Hughes Haulage Ltd. [1997] IEHC 110; [1997] 3 IR 109; [1998] 1 ILRM 34 (28th June, 1997)

Disability insurance payments received by the plaintiff under a policy taken out by her employer for her benefit are not deductible from damages for loss of earnings, as Section 2 of the Civil Liability (Amendment) Act, 1964 applies broadly and does not require the injured party to be a party to the contract or to have paid the premiums.

Citation
[1998] 1 ILRM 34
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury Action / Assessment of Damages Following Determination of Liability at 50%
Outcome
Damages assessed and awarded at 50% of total, with deduction for State disability benefit.
Legal Topics
Personal Injury, Assessment of Damages, Deductibility of Insurance Payments, Loss of Earnings, Post Traumatic Disorder
Tort Insurance Law Employment Law Personal Injury Assessment of Damages Deductibility of Insurance Payments Loss of Earnings Post Traumatic Disorder

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Action / Assessment of Damages Following Determination of Liability at 50%

Legal Issues

  1. 1 Whether disability insurance payments received by plaintiff should be deducted from damages for loss of earnings under Civil Liability (Amendment) Act, 1964
  2. 2 Assessment of damages for personal injuries and consequential loss of earnings

Ratio Decidendi

Disability insurance payments received by the plaintiff under a policy taken out by her employer for her benefit are not deductible from damages for loss of earnings, as Section 2 of the Civil Liability (Amendment) Act, 1964 applies broadly and does not require the injured party to be a party to the contract or to have paid the premiums.

Court Disposition

Damages assessed and awarded at 50% of total, with deduction for State disability benefit.

Orders

  • Plaintiff awarded damages totalling £236,992, reduced by 50% and further reduced by £10,435.10 State disability benefit.