McDaid v Snodgrass [2009] NICA 18 (13 March 2009)

McDaid v Snodgrass [2009] NICA 18 (13 March 2009)

The appellant failed to establish, on the balance of probabilities, a relationship with the injured child sufficiently close and intimate to satisfy the legal requirements for a secondary victim claim for psychiatric injury. The trial judge's findings were supported by the evidence and there was no error in law or approach to the burden of proof.

Citation
[2009] NICA 18
Parties
Plaintiff/appellant: Aveen McDaid; Defendant/respondent: Roberta Snodgrass
Jurisdiction
Northern Ireland
Judgment Date
13 March 2009
Procedural Posture
Civil Appeal / Appeal From Judgment Dismissing Claim for Damages
Outcome
Appeal dismissed
Legal Topics
Psychiatric Injury, Secondary Victim Claims, Negligence, Damages
Tort Law Psychiatric Injury Secondary Victim Claims Negligence Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Aveen McDaid

Plaintiff/appellant

Roberta Snodgrass

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Judgment Dismissing Claim for Damages

Legal Issues

  1. 1 Whether the appellant's relationship with the injured child was sufficiently close and intimate to establish a claim for psychiatric injury as a secondary victim
  2. 2 Whether the trial judge erred in his approach to the burden of proof and assessment of evidence

Ratio Decidendi

The appellant failed to establish, on the balance of probabilities, a relationship with the injured child sufficiently close and intimate to satisfy the legal requirements for a secondary victim claim for psychiatric injury. The trial judge's findings were supported by the evidence and there was no error in law or approach to the burden of proof.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.