The Court of Appeal has increased the damages payable to Blaine Murphy after he was struck by a car at the Galway International Motor Rally in Loughrea in 2005, and shifted most of the responsibility for the accident to the rally organisers and safety bodies.
In a judgment delivered on 14 April 2016, Ms Justice Irvine, with Peart and McDermott JJ, allowed Mr Murphy’s appeal from a 2011 High Court judgment. The High Court had assessed damages at €597,498 before contributory negligence, attributed 33.33% liability to the first three defendants and 66.66% to Mr Murphy, and entered judgment for €199,166 plus costs. It had dismissed the claim against the fourth defendant, the driver, at the end of Mr Murphy’s evidence.
The appeal court reassessed several damages figures. It increased future pain and suffering from €100,000 to €175,000 and past loss of earnings from €40,000 to €84,800. It substituted €210,611 for the €170,000 awarded by the High Court for future loss of earnings. The court retained €100,000 for pain and suffering to the trial date, €170,000 for anticipated prosthesis costs and €12,498 in agreed special damages. It put total damages before contributory negligence at €752,909.
On future earnings, the court rejected both the High Court’s assumption that Mr Murphy would remain on minimum construction pay throughout his working life and his argument that the calculation should be based entirely on self-employment as a plumber. It accepted a paid-employment model, retaining the trial judge’s approach for the first three years and increasing the later weekly earnings differential to reflect career progression. It then applied a 25% reduction for contingencies under Reddy v Bates.
The court also reconsidered the liability split. Mr Murphy had been 19 and was watching cars cross a hill crest from a position about 50 metres beyond it. The High Court found that the area was hazardous but had no barriers, warning signs or marshal supervision to keep spectators away. The appeal court said the professional organisers and safety bodies had greater knowledge and responsibility for identifying and managing such risks. It also found that sitting down had not reduced Mr Murphy’s practical chance of escaping the oncoming car.
The court set aside the High Court order and apportioned liability 75% to the first three defendants collectively and 25% to Mr Murphy. It ordered an award of €564,682, calculated by deducting his 25% share from total damages. The judgment does not alter the earlier dismissal of the case against the fourth defendant.