Kelly v. Hackett [2005] IEHC 229 (5 July 2005)

Kelly v. Hackett [2005] IEHC 229 (5 July 2005)

The defendant is fully liable for the plaintiff's injuries as there was no evidence that wearing a seatbelt would have reduced the severity of her injuries; the plaintiff is entitled to damages for physical and psychiatric injuries, loss of earnings to date, future loss of earnings (discounted for contingencies), and special damages, less disability benefits received.

Citation
[2005] IEHC 229
Parties
Plaintiff: Sandra Kelly; Defendant: Gerry Hackett
Jurisdiction
Ireland
Judgment Date
05 July 2005
Procedural Posture
Personal Injuries Action / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Damages, Contributory Negligence, Loss of Earnings, Psychiatric Injury
Tort Law Personal Injury Negligence Damages Contributory Negligence Loss of Earnings Psychiatric Injury

Case Brief

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Parties

Sandra Kelly

Plaintiff

Gerry Hackett

Defendant

Procedural Posture

Personal Injuries Action / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant is liable for the plaintiff's injuries arising from a road traffic accident
  2. 2 Whether the plaintiff was guilty of contributory negligence for not wearing a seatbelt
  3. 3 Assessment of damages for physical and psychiatric injuries, including loss of earnings

Ratio Decidendi

The defendant is fully liable for the plaintiff's injuries as there was no evidence that wearing a seatbelt would have reduced the severity of her injuries; the plaintiff is entitled to damages for physical and psychiatric injuries, loss of earnings to date, future loss of earnings (discounted for contingencies), and special damages, less disability benefits received.

Court Disposition

Judgment for the plaintiff

Orders

  • Award of €247,488 to the plaintiff, calculated as general damages to date (€25,000), general damages into the future (€65,000), loss of earnings to date (€75,961), loss of earnings into the future (€119,340), special damages (€602), less disability benefit received (€38,415)