Sherry v. Smith [2000] IEHC 97 (20th December, 2000)

Sherry v. Smith [2000] IEHC 97 (20th December, 2000)

Plaintiff was primarily responsible due to excessive speed and alcohol impairment; Defendant was also negligent for failing to observe Plaintiff when changing lanes. Liability apportioned 75% to Plaintiff, 25% to Defendant.

Citation
[2000] IEHC 97
Parties
Plaintiff: Plaintiff; Defendant: Mr. Smith
Jurisdiction
Ireland
Procedural Posture
Personal Injury Claim / Judgment
Outcome
Liability apportioned 75% to Plaintiff, 25% to Defendant. Damages awarded to Plaintiff at 25% of assessed amount.
Legal Topics
Road Traffic Accident, Negligence, Contributory Negligence, Personal Injury
Tort Law Road Traffic Accident Negligence Contributory Negligence Personal Injury

Case Brief

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Parties

Plaintiff

Plaintiff

Mr. Smith

Defendant

Procedural Posture

Personal Injury Claim / Judgment

Legal Issues

  1. 1 Liability for road traffic accident
  2. 2 Contributory negligence
  3. 3 Assessment of damages

Ratio Decidendi

Plaintiff was primarily responsible due to excessive speed and alcohol impairment; Defendant was also negligent for failing to observe Plaintiff when changing lanes. Liability apportioned 75% to Plaintiff, 25% to Defendant.

Court Disposition

Liability apportioned 75% to Plaintiff, 25% to Defendant. Damages awarded to Plaintiff at 25% of assessed amount.

Orders

  • Plaintiff awarded £25,000 general damages plus £3,610 special damages, entitled to 25% of total amount and costs.