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)

The Plaintiff's 'date of knowledge' of his significant injury was substantially before September 15, 1992, and probably as early as 1979 or 1980. Therefore, the claim is statute-barred under Section 3(1) of the Statute of Limitations (Amendment) Act, 1991, and must be dismissed.

Citation
[1997] 2 ILRM 416
Parties
Plaintiff: [Plaintiff's Name Not Provided]; Defendant: [Defendants' Name Not Provided]
Jurisdiction
Ireland
Procedural Posture
Personal Injury/negligence / High Court Judgment
Outcome
Claim dismissed as statute-barred.
Legal Topics
Negligence, Breach of Duty, Statute of Limitations, Noise Induced Hearing Loss, Tinnitus, Date of Knowledge
Tort Law Personal Injury Military Law Negligence Breach of Duty Statute of Limitations Noise Induced Hearing Loss Tinnitus +1 more

Case Brief

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Parties

[Plaintiff's Name Not Provided]

Plaintiff

[Defendants' Name Not Provided]

Defendant

Procedural Posture

Personal Injury/negligence / High Court Judgment

Legal Issues

  1. 1 Whether the Defendants were negligent and in breach of duty in failing to provide adequate hearing protection and instruction to the Plaintiff during his Army service between 1957 and 1978.
  2. 2 Whether the Plaintiff sustained personal injuries, loss or damage as a result of the Defendants' admitted negligence.
  3. 3 Whether the Plaintiff's claim is barred by the Statute of Limitations (Amendment) Act, 1991, particularly Section 3(1), considering the Plaintiff's 'date of knowledge'.

Ratio Decidendi

The Plaintiff's 'date of knowledge' of his significant injury was substantially before September 15, 1992, and probably as early as 1979 or 1980. Therefore, the claim is statute-barred under Section 3(1) of the Statute of Limitations (Amendment) Act, 1991, and must be dismissed.

Court Disposition

Claim dismissed as statute-barred.

Orders

  • Plaintiff's claim dismissed.