Andaloc -v- Iarnrod Eireann/Irish Rail & Ors [2014] IEHC 637 (10 December 2014)

Andaloc -v- Iarnrod Eireann/Irish Rail & Ors [2014] IEHC 637 (10 December 2014)

The plaintiff established on the balance of probabilities that, despite pre-existing marital difficulties, her marriage was valid and subsisting at the time of her husband's injury, and that the defendants' negligence was the proximate and foreseeable cause of the marital breakdown and her loss of consortium and...

Source-derived case information.

Citation
[2014] IEHC 637
Parties
Plaintiff: Sheila Andaloc; Defendant: Iarnrod Eireann/Irish Rail; Defendant: Federal Security Services Limited (in receivership); Defendant: Caraher and Ward Limited
Jurisdiction
Ireland
Judgment Date
10 December 2014
Procedural Posture
Personal Injury / Tort Claim for Loss of Consortium and Servitium / High Court Judgment on Liability and Quantum
Outcome
Judgment for the plaintiff
Legal Topics
Loss of Consortium, Servitium, Negligence, Damages, Causation, Marital Breakdown, Assessment of Damages
Tort Law Family Law Loss of Consortium Servitium Negligence Damages Causation Marital Breakdown +1 more

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Parties

Sheila Andaloc

Plaintiff

Iarnrod Eireann/Irish Rail

Defendant

Federal Security Services Limited (in receivership)

Defendant

Caraher and Ward Limited

Defendant

Procedural Posture

Personal Injury / Tort Claim for Loss of Consortium and Servitium / High Court Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of consortium and servitium due to injuries caused to her husband by the defendants' negligence
  2. 2 Whether the marital breakdown was factually and legally caused by the defendants' actions
  3. 3 How damages for loss of consortium and servitium should be assessed in light of pre-existing marital difficulties

Ratio Decidendi

The plaintiff established on the balance of probabilities that, despite pre-existing marital difficulties, her marriage was valid and subsisting at the time of her husband's injury, and that the defendants' negligence was the proximate and foreseeable cause of the marital breakdown and her loss of consortium and servitium. Damages should be assessed conservatively, with a discount for contingencies, but not by actuarial calculation of lost services.

Court Disposition

Judgment for the plaintiff

Orders

  • Decree for €60,000 in damages in favour of the plaintiff