Miley v. Daly [1998] IESC 55 (7th December, 1998)

The award for pain and suffering was significantly low given the permanent loss of sense of smell, a serious disability for a young woman, and should be increased.

Citation: [1998] IESC 55
Parties: Appellant: Sandra Miley; Respondent: Defendant (unnamed)
Jurisdiction: Ireland
Procedural Posture: Personal Injury Appeal / Appeal Judgment
Outcome: award increased
Legal Topics: Personal Injury, Contributory Negligence, Damages Assessment

Tort Personal Injury Contributory Negligence Damages Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Sandra Miley

Appellant

Defendant (unnamed)

Respondent

Procedural Posture

Personal Injury Appeal / Appeal Judgment

Legal Issues

1 Whether the appellant was guilty of contributory negligence for not wearing a helmet
2 Whether the damages awarded for pain and suffering were adequate

Ratio Decidendi

The award for pain and suffering was significantly low given the permanent loss of sense of smell, a serious disability for a young woman, and should be increased.

Court Disposition

award increased

Orders

Award for pain and suffering increased from £32,000 to £45,000