McCarthy v. Murphy [1998] IEHC 23 (10th February, 1998)

McCarthy v. Murphy [1998] IEHC 23 (10th February, 1998)

The defendant is liable for all damage flowing from the soft tissue injury, including psychological injury, as the type of injury (soft tissue) was foreseeable and the eggshell skull rule applies; the defendant must take the plaintiff as he finds her.

Source-derived case information.

Citation
[1998] IEHC 23
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Jurisdiction
Ireland
Procedural Posture
Personal Injury / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Negligence, Foreseeability, Eggshell Skull Rule, Damages, Psychological Injury
Tort Law Personal Injury Negligence Foreseeability Eggshell Skull Rule Damages Psychological Injury

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for psychological injury resulting from a minor car accident
  2. 2 Whether psychological injury was a reasonably foreseeable consequence of the defendant's negligence
  3. 3 Assessment of damages for physical and psychological injuries

Ratio Decidendi

The defendant is liable for all damage flowing from the soft tissue injury, including psychological injury, as the type of injury (soft tissue) was foreseeable and the eggshell skull rule applies; the defendant must take the plaintiff as he finds her.

Court Disposition

judgment for the plaintiff

Orders

  • General damages of £40,000 awarded to date
  • Future damages of £7,500 awarded