Whitely v. Minister for Defence [1997] IEHC 92; [1998] 4 IR 442; [1997] 2 ILRM 416 (10th June, 1997)

Whitely v. Minister for Defence [1997] IEHC 92; [1998] 4 IR 442; [1997] 2 ILRM 416 (10th June, 1997)

Plaintiff's date of knowledge of significant injury was substantially before the limitation period, barring the claim under Section 3(1) of the Statute of Limitations (Amendment) Act, 1991.

Citation
[1997] IEHC 92
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Ireland
Procedural Posture
Personal Injury Negligence Claim / Final Judgment
Outcome
Claim dismissed as statute-barred.
Legal Topics
Negligence, Statute of Limitations, Noise Induced Hearing Loss, Duty of Care, Limitation Period
Tort Law Personal Injury Military Law Negligence Statute of Limitations Noise Induced Hearing Loss Duty of Care Limitation Period

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Personal Injury Negligence Claim / Final Judgment

Legal Issues

  1. 1 Were the Defendants negligent and in breach of duty by failing to provide hearing protection and instruction?
  2. 2 Did the Plaintiff sustain personal injuries, loss or damage due to Defendants' negligence?
  3. 3 Is the Plaintiff's claim barred by the Statute of Limitations (Amendment) Act, 1991, Section 3(1)?

Ratio Decidendi

Plaintiff's date of knowledge of significant injury was substantially before the limitation period, barring the claim under Section 3(1) of the Statute of Limitations (Amendment) Act, 1991.

Court Disposition

Claim dismissed as statute-barred.

Orders

  • Plaintiff's claim dismissed.
  • No assessment of damages required.