Neville -v- C.O.D. Plant and Civil Engineering Ltd & anor [2015] IEHC 437 (09 July 2015)

Neville -v- C.O.D. Plant and Civil Engineering Ltd & anor [2015] IEHC 437 (09 July 2015)

The court found that the impact between the pallets and the rear windscreen was sufficient to transmit force into the body of the car and to the plaintiff, accepting the plaintiff's engineering evidence over the defendant's. The court held that the plaintiff's pre-existing degenerative knee condition was rendered symptomatic by the accident, and that the accident caused or materially contributed to his ongoing symptoms and future need for a knee replacement. Damages were assessed accordingly.

Citation
[2015] IEHC 437
Parties
Plaintiff: Thomas Neville; First Defendant: C. O. D. Plant and Civil Engineering Limited; Second Defendant: Conor Hughes
Jurisdiction
Ireland
Judgment Date
09 July 2015
Procedural Posture
Personal Injury / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Road Traffic Accident, Negligence, Causation, Damages, Whiplash Injury, Pre Existing Condition, Knee Injury
Tort Law Personal Injury Road Traffic Accident Negligence Causation Damages Whiplash Injury Pre Existing Condition +1 more

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Parties

Thomas Neville

Plaintiff

C. O. D. Plant and Civil Engineering Limited

First Defendant

Conor Hughes

Second Defendant

Procedural Posture

Personal Injury / High Court Judgment

Legal Issues

  1. 1 Whether the impact between the vehicles could have caused injury to the plaintiff
  2. 2 Whether the plaintiff's knee injury and other complaints were caused or exacerbated by the accident
  3. 3 Assessment of damages for personal injuries

Ratio Decidendi

The court found that the impact between the pallets and the rear windscreen was sufficient to transmit force into the body of the car and to the plaintiff, accepting the plaintiff's engineering evidence over the defendant's. The court held that the plaintiff's pre-existing degenerative knee condition was rendered symptomatic by the accident, and that the accident caused or materially contributed to his ongoing symptoms and future need for a knee replacement. Damages were assessed accordingly.

Court Disposition

Judgment for the plaintiff

Orders

  • Award of general damages to date: €75,000
  • Award of general damages for the future: €95,000