The Court of Appeal reduced a €76,000 High Court award to €41,000 in a personal injury claim arising from a 2017 road traffic accident in Dundalk. It allowed the defendants’ appeal against the amount of damages and dismissed the plaintiff’s cross-appeal seeking a higher award for future pain and suffering.
The High Court had awarded Emma McKeown €65,000 for pain and suffering to the date of trial, €5,000 for future pain and suffering and €6,000 in agreed special damages. The Court of Appeal substituted an award of €30,000 for pain and suffering to date, retained the €5,000 future award and added the agreed €6,000 special damages.
McKeown was driving on the Newry Road and turning right into a house entrance when she was struck by an overtaking vehicle driven by one of the defendants. Liability was not disputed. She was 30 at the time and worked in home care. Her injuries were mainly to her lower back, with neck and shoulder symptoms that resolved within about four months. The High Court found her credible and accepted that she had tried to remain in work despite her injuries.
Medical reports described gradual improvement. By around two years after the accident, her lower back symptoms were intermittent and her range of movement was within normal limits, although she still reported pain after prolonged sitting. Her specialist considered that symptoms should continue to improve, while allowing for the possibility of low-level symptoms persisting. The Court of Appeal said there was no evidence of likely significant continuing pain or substantial interference with work or ordinary activities.
In setting the award, the Court of Appeal classified the lower-back injury as moderate, taking account of the High Court’s finding that the injuries had caused a significant loss of amenity, including job changes. It assessed that injury at €25,000 and allowed a further €5,000 for the neck and shoulder injuries. The court said the High Court’s award was disproportionate when compared with the injuries, similar awards and the relevant Book of Quantum ranges.
The court held that the High Court had reached the correct figure for future pain and suffering: €5,000, given the evidence that any future symptoms would be very minor. The appeal court did not make a final costs order. It gave the defendants 28 days to file written submissions on the appropriate order, with the plaintiff given the same period to respond.