The Supreme Court has set aside awards for future loss of earnings and pension after finding that a passenger who fell on a wedding bus had not proved those losses. It assessed her damages at £90,000 and, finding her 50% responsible for the accident, granted a decree for £45,000.
The judgment, delivered by Justice Hardiman on 11 December 2002, concerned an appeal from a High Court personal injuries decision. The passenger, identified in the judgment as Siwsan Shelly-Morris, was injured on 22 September 1995 while travelling from a church in Monkstown to a wedding reception at a hotel in Killiney. She fell on the stairs as the bus moved off from traffic lights.
At trial, the High Court found the bus operator 75% responsible and the passenger 25% responsible. The Supreme Court accepted the trial judge’s reliance on evidence from the passenger’s sister-in-law, who said the bus was stopped and moved off abruptly. It found the passenger’s decision to climb the stairs carrying her two-year-old child was a significant contributory factor, and divided responsibility equally between her and the operator.
The appeal also concerned the passenger’s account of her continuing disability and a claim for £412,318.37 in past and future lost earnings, as well as pension loss. The Supreme Court upheld the trial judge’s finding that she had deliberately exaggerated aspects of her symptoms. Video evidence showed her walking without relying on a stick, carrying items, holding a child and playing with dogs. The Court said her credibility was damaged generally and that it was not appropriate to speculate where she had failed to prove her losses.
The High Court had awarded £37,500 for loss of pension and gratuity, £25,000 for future earnings, £70,000 for pain and suffering to date, and £40,000 for future pain and suffering. The Supreme Court set aside the pension and future earnings awards as speculative. It upheld £70,000 for pain and suffering to date, including past earnings loss, and reduced the future pain and suffering award to £20,000. It therefore assessed total damages at £90,000 before the 50% reduction for the passenger’s share of responsibility.
The Court noted that the defendant had not sought to have the proceedings stayed or struck out for abuse of process. Its judgment said deliberate falsehoods in a claim can undermine credibility beyond the particular issue and, in a proper case, may justify such relief. The Court’s decree in this appeal was for £45,000.