The High Court awarded Maggie Yang Yun €1,826,380.12 in damages for serious spinal and psychological injuries suffered when a car driven by Tommy Xiang Bai Tao struck another vehicle near Drogheda in May 2002. The defendants admitted liability, and the court’s task was to assess compensation; no contributory negligence was alleged.
Mr Justice John Quirke delivered judgment on 17 July 2009. He found that Ms Yang was unlikely, on the balance of probabilities, to undergo reconstructive spinal surgery recommended by her medical advisers. The operation carried risks including paraplegia, and the judge accepted that her decision to refuse it was reasonable in the circumstances. He rejected the defendants’ argument that she had failed to take reasonable steps to mitigate her injuries.
The judge relied on evidence from spinal and psychiatric specialists. They agreed that surgery could improve her posture and independence, but could not say she would proceed. Psychiatric treatment might help her consider the operation, though one specialist described surgery after treatment as a possibility rather than a probability. The court accepted that she would probably rely on pain management and care.
The judgment described a compressed and progressively collapsed first lumbar vertebra, chronic pain and spinal curvature, alongside a disabling mood disorder. The court also considered her continuing need for assistance and the impact of her injuries on her education and employment prospects. It found that, absent the accident, she probably would have completed an accountancy degree and obtained full-time accountancy work, but was not satisfied she would have qualified as a certified accountant.
The award included €325,000 in general damages: €125,000 for past pain, suffering and loss of lifestyle, and €200,000 for the future. It also included €350,000 for future loss of earnings, €900,000 for future care and housekeeping, €100,000 for future psychological treatment and pain management, and €85,000 for care provided to date by her boyfriend. The remaining sums covered past earnings, agreed special damages and her English-language course fee.
The court set a €450,000 guide for the general damages limit in catastrophic injury cases, but found Ms Yang did not qualify for the maximum award. The judgment assessed damages only; it did not determine the defendants’ liability, which had been admitted.