Purcell -v- Long [2015] IEHC 385 (15 May 2015)

Purcell -v- Long [2015] IEHC 385 (15 May 2015)

The plaintiff suffered a severe acute stress reaction and subsequent severe depression as a direct result of the negligent death of her son, notwithstanding her pre-existing vulnerability. The defendant is liable for the full extent of the psychiatric injury caused, and damages are assessed accordingly.

Citation
[2015] IEHC 385
Parties
Plaintiff: Sandra Purcell; Defendant: Anthony Long
Jurisdiction
Ireland
Judgment Date
15 May 2015
Procedural Posture
Personal Injuries / Nervous Shock Claim / Judgment After Trial
Outcome
Judgment for the plaintiff
Legal Topics
Nervous Shock, Psychiatric Injury, Damages Assessment, Pre Existing Vulnerability
Tort Law Personal Injury Nervous Shock Psychiatric Injury Damages Assessment Pre Existing Vulnerability

Case Brief

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Parties

Sandra Purcell

Plaintiff

Anthony Long

Defendant

Procedural Posture

Personal Injuries / Nervous Shock Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff suffered psychiatric injury as a result of the defendant's negligence
  2. 2 Extent to which pre-existing psychiatric vulnerability affects damages
  3. 3 Appropriate quantum of damages for nervous shock and depression

Ratio Decidendi

The plaintiff suffered a severe acute stress reaction and subsequent severe depression as a direct result of the negligent death of her son, notwithstanding her pre-existing vulnerability. The defendant is liable for the full extent of the psychiatric injury caused, and damages are assessed accordingly.

Court Disposition

Judgment for the plaintiff

Orders

  • General damages to date awarded: €125,000
  • General damages for the future awarded: €100,000