The Supreme Court has increased the share of responsibility borne by passenger Roy Moran for injuries suffered in a 1999 drink-driving crash from 15% to 35%.
Moran was travelling in the front passenger seat of a car driven by Séan Fogarty on April 23, 1999 when the vehicle left the road and struck a wall. The High Court had found Fogarty 85% responsible and Moran 15% contributorily negligent because he travelled with a driver he knew was intoxicated.
On appeal, the Supreme Court held that Moran’s share of blame had been set too low. Mr Justice Finnegan found that Moran and Fogarty had travelled together to a bar, spent several hours in each other’s company and consumed alcohol throughout the evening. Moran therefore knew, or should have known, that Fogarty’s ability to drive was impaired.
The court nevertheless stressed that the greater responsibility remained with Fogarty. He chose to drive after drinking, controlled the vehicle and created a danger to passengers and other road users. The court substituted an apportionment of 65% fault to Fogarty and 35% to Moran.
Fogarty also challenged several parts of the damages award. Those arguments failed.
The Supreme Court upheld the finding that Moran had been wearing a seat belt, accepting that there was credible eyewitness evidence supporting the trial judge despite conflicting medical records.
It also left intact awards for past and future earnings loss, general damages and future care. The court found there was ample medical evidence that Moran had suffered a moderate traumatic brain injury with cognitive, memory and personality difficulties, and evidence that he would need ongoing assistance.
The ruling therefore changes only the division of responsibility between driver and passenger. The High Court’s underlying damages assessment remains intact, subject to the larger 35% reduction for Moran’s contributory negligence.