Doyle (as per. rep. of the Estate of Bridget Doyle, Deceased) -v- Dunne [2016] IESC 68 (17 November 2016)

Doyle (as per. rep. of the Estate of Bridget Doyle, Deceased) -v- Dunne [2016] IESC 68 (17 November 2016)

Section 7 of the Civil Liability Act 1961 abrogates the common law rule and governs the survival of causes of action; a personal injuries action survives only as provided by the section, and damages for pain and suffering do not survive the plaintiff's death. The claim for pecuniary loss was not properly constituted or notified and cannot be maintained.

Citation
[2016] IESC 68
Parties
Plaintiff/appellant: Edward Doyle (as personal representative of the Estate of Bridget Doyle, Deceased); Defendant/respondent: Daniel Dunne (as agreed nominated defendant of the Royal Victoria Eye and Ear Hospital)
Jurisdiction
Ireland
Judgment Date
17 November 2016
Procedural Posture
Appeal / Determination of Preliminary Issue on Survival of Cause of Action After Plaintiff's Death
Outcome
appeal dismissed
Legal Topics
Survival of Actions, Damages, Personal Injury, Informed Consent, Pecuniary Loss, Civil Liability Act 1961
Tort Law Medical Negligence Civil Procedure Survival of Actions Damages Personal Injury Informed Consent Pecuniary Loss +1 more

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Parties

Edward Doyle (as personal representative of the Estate of Bridget Doyle, Deceased)

Plaintiff/appellant

Daniel Dunne (as agreed nominated defendant of the Royal Victoria Eye and Ear Hospital)

Defendant/respondent

Procedural Posture

Appeal / Determination of Preliminary Issue on Survival of Cause of Action After Plaintiff's Death

Legal Issues

  1. 1 Does a cause of action for damages for alleged medical negligence survive the plaintiff's death?
  2. 2 Does a claim for pecuniary loss in respect of care provided by a family member survive the plaintiff's death?

Ratio Decidendi

Section 7 of the Civil Liability Act 1961 abrogates the common law rule and governs the survival of causes of action; a personal injuries action survives only as provided by the section, and damages for pain and suffering do not survive the plaintiff's death. The claim for pecuniary loss was not properly constituted or notified and cannot be maintained.

Court Disposition

appeal dismissed

Orders

  • preliminary issue determined in favour of the defendant
  • no damages recoverable for pain and suffering after plaintiff's death