McMullan v Coleraine Football and Sports Club Ltd & Anor [2006] NICA 26 (26 May 2006)

McMullan v Coleraine Football and Sports Club Ltd & Anor [2006] NICA 26 (26 May 2006)

The trial judge erred in assessing the risk of adhesions and operative intervention at 10 percent each; evidence supported a lower risk. The main injury was the liver, and damages should reflect a 5 percent risk of adhesions and 3 percent risk of operative intervention. General damages reduced accordingly.

Citation
[2006] NICA 26
Parties
Plaintiff/respondent: Robert McMullan; Defendant/appellant: Coleraine Football and Sports Club Limited; Defendant/appellant: Sandel Building Company
Jurisdiction
Northern Ireland
Judgment Date
26 May 2006
Procedural Posture
Personal Injury Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part; general damages reduced.
Legal Topics
Assessment of Damages, Future Risk of Injury, Psychiatric Injury, Judicial Review of Damages
Tort Personal Injury Assessment of Damages Future Risk of Injury Psychiatric Injury Judicial Review of Damages

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Parties

Robert McMullan

Plaintiff/respondent

Coleraine Football and Sports Club Limited

Defendant/appellant

Sandel Building Company

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Appropriate quantum for general damages in unusual liver injury
  2. 2 Assessment of future risk of adhesions and hernia
  3. 3 Consideration of psychiatric injury

Ratio Decidendi

The trial judge erred in assessing the risk of adhesions and operative intervention at 10 percent each; evidence supported a lower risk. The main injury was the liver, and damages should reflect a 5 percent risk of adhesions and 3 percent risk of operative intervention. General damages reduced accordingly.

Court Disposition

Appeal allowed in part; general damages reduced.

Orders

  • General damages reduced from £75,000 to £62,500 with interest at 2% from 27 June 2001 and judgment rate from date of judgment.
  • Special damages of £1,000 awarded at judgment rate from date of judgment.