Smyth -v- C&M Construction Ltd & anor [2014] IEHC 372 (21 July 2014)

Smyth -v- C&M Construction Ltd & anor [2014] IEHC 372 (21 July 2014)

The plaintiff is entitled to damages reflecting his actual and future loss of earnings, pain and suffering, and special damages, as the injuries sustained have rendered him unemployable and caused ongoing severe pain and disability. The assessment is based on the evidence of medical and vocational experts and the...

Source-derived case information.

Citation
[2014] IEHC 372
Parties
Plaintiff: Tony Smyth; Defendant: C&M Construction Limited; Defendant: Behan Quarries Limited
Jurisdiction
Ireland
Judgment Date
21 July 2014
Procedural Posture
Personal Injury Assessment of Damages / Judgment After Assessment of Damages
Outcome
Decree for the plaintiff in the sum of €526,695.
Legal Topics
Assessment of Damages, Workplace Accident, Loss of Earnings, Pain and Suffering, Complex Regional Pain Syndrome (crps)
Tort Law Personal Injury Assessment of Damages Workplace Accident Loss of Earnings Pain and Suffering Complex Regional Pain Syndrome (crps)

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Parties

Tony Smyth

Plaintiff

C&M Construction Limited

Defendant

Behan Quarries Limited

Defendant

Procedural Posture

Personal Injury Assessment of Damages / Judgment After Assessment of Damages

Legal Issues

  1. 1 Quantum of damages for personal injuries sustained in a workplace accident
  2. 2 Assessment of past and future loss of earnings
  3. 3 Assessment of general damages for pain and suffering

Ratio Decidendi

The plaintiff is entitled to damages reflecting his actual and future loss of earnings, pain and suffering, and special damages, as the injuries sustained have rendered him unemployable and caused ongoing severe pain and disability. The assessment is based on the evidence of medical and vocational experts and the court's evaluation of the plaintiff's credibility and prospects.

Court Disposition

Decree for the plaintiff in the sum of €526,695.

Orders

  • Award of €526,695 in damages to the plaintiff.