The Supreme Court has increased to £150,000 the damages awarded to Paul Rossiter, who for practical purposes lost the sight of his right eye after being struck by wire propelled from a lawnmower in Dún Laoghaire.
Paul, who was born in December 1987 and later lived in Bray, was injured on March 23, 1997 while passing at or near Fitzgerald Park after playing football. The lawnmower was being operated on behalf of Dún Laoghaire Rathdown County Council.
The High Court had already found the defendants liable. That finding was not challenged on appeal. The only issue before the Supreme Court was the amount of compensation.
The High Court awarded £120,000, comprising £90,000 in general damages and £30,000 for loss of job opportunity. Paul appealed on the basis that the award was inadequate.
The court heard that the injury caused severe pain and required several operations. Although surgeons reattached his retina, scar tissue at its centre left him with almost total loss of sight in the right eye, apart from some peripheral vision. He also developed a cataract.
His schooling was significantly disrupted. He missed almost all of fifth class and had experienced taunting and bullying while wearing a protective eye patch. Evidence also established impaired depth and distance perception and restrictions on future work involving heights, forklifts or moving machinery.
Mr Justice Fennelly said the £90,000 attributed to pain and suffering was significantly below what should have been allowed. He also considered there was a real danger that £30,000 would inadequately compensate Paul for lifelong disadvantages in employment.
An appeal court does not simply substitute its preferred figure. It intervenes only where the award is so disproportionate that it amounts to an error of law. The Supreme Court found that threshold had been crossed here.
It allowed the appeal and substituted an award of £150,000 for the High Court’s £120,000 figure.