The High Court awarded Michael Tevlin €660,000 in damages against driver Kevin McArdle after a 2010 crash, then reduced the amount recoverable from the Motor Insurers Bureau of Ireland (MIBI) by 45% for contributory negligence. The court declared that MIBI’s liability was limited to 55% of a gross total of €662,500, including €2,500 in additional special damages agreed by the parties.
Mr Justice Cross gave judgment on 6 October 2014. McArdle did not appear, and Tevlin obtained judgment against him in default of appearance. The court assessed damages at €300,000 for general damages, €14,000 for past loss of earnings, €20,000 for future care and €326,000 for future loss of earnings.
Tevlin suffered pelvic, sternum and rib fractures and a severe brain injury. The judge found that lasting cognitive and behavioural problems were the main obstacles to work and independent living. He considered it unlikely Tevlin would return to work outside sheltered employment. Tevlin’s mother was providing care at the time of the judgment.
The judgment said Tevlin and McArdle had spent much of 27 December 2010 drinking at licensed premises before travelling by car. The two other passengers in McArdle’s car, the driver of an oncoming car and her unborn child died in the collision. The judge said alcohol played a considerable part in the crash. Tevlin had consumed about 12 pints of beer and four half measures of spirits; McArdle had consumed about 10½ pints and five half measures of spirits.
MIBI argued that Tevlin should be barred from recovery because he had joined a joint criminal enterprise, or on public policy grounds. It also relied on contributory negligence, including Tevlin’s decision to travel with a driver who had consumed alcohol and his failure to wear a seatbelt. MIBI accepted that Tevlin did not know the car was uninsured; it displayed what appeared to be a valid insurance disc.
The judge rejected the argument that Tevlin’s conduct meant the driver owed him no duty of care. He distinguished the case from one involving a passenger who actively encouraged dangerous speeding, finding no evidence that Tevlin egged McArdle on or joined a joint criminal enterprise. He also rejected a public policy bar, saying the appropriate route was to assess contributory negligence.
The court attributed 35% contributory negligence to Tevlin for travelling with the intoxicated driver. It added 10% for not wearing a seatbelt, accepting that a seatbelt would probably have reduced some physical injuries but finding it would not have prevented the most significant brain injury. The resulting declaration limits MIBI’s liability to 55% of €662,500. The judgment did not state that this amount had been paid.