Judgment: 2011-07-05 · Court archive

High Court finds Irish dance teacher sexually abused former pupil and awards €400,000

The court found the plaintiff’s civil claim was not time-barred because her psychological injury substantially impaired her ability or will to sue. It rejected her separate claim that she was of unsound mind.

High Court · [2011] IEHC 361

Who, what, where, when and why

Who
  • Dana Doherty
  • Michael Quigley (Defendant)
  • Professor Ivor Browne
  • Michelle McCafferty
  • Jacqueline Toner
What

The court found the plaintiff’s civil claim was not time-barred because her psychological injury substantially impaired her ability or will to sue. It rejected her separate claim that she was of unsound mind.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court found that Irish dancing teacher Michael Quigley sexually abused his former pupil, Dana Doherty, during her adolescence and awarded her €400,000 in general damages. Mr Justice Ryan ruled that the claim was not time-barred under section 48A of the Statute of Limitations 1957, but found that Ms Doherty was not a person of unsound mind for the purposes of section 48.

The High Court found that Irish dancing teacher Michael Quigley sexually abused his former pupil, Dana Doherty, during her adolescence and awarded her €400,000 in general damages. Mr Justice Ryan ruled that the claim was not time-barred under section 48A of the Statute of Limitations 1957, but found that Ms Doherty was not a person of unsound mind for the purposes of section 48.

Ms Doherty alleged that Mr Quigley abused her from 1982 to 1989, when she was his pupil. She described repeated incidents, including sexual touching, abuse during journeys and while babysitting at his home, and being made to perform oral sex. Mr Quigley denied the allegations.

The judge found Ms Doherty’s evidence coherent, consistent and credible. He also relied on Mr Quigley’s 1993 Garda interview, which contradicted parts of his evidence in court, and on evidence from two other former pupils, Michelle McCafferty and Jacqueline Toner. The judge accepted their accounts of inappropriate conduct and found that they supported Ms Doherty’s account of Mr Quigley’s behaviour. He concluded, on the balance of probabilities, that Mr Quigley had sexually abused her on the occasions and in the general circumstances she described.

A psychiatrist, Professor Ivor Browne, diagnosed Ms Doherty with severe post-traumatic stress disorder and dissociation. The judge held that she could manage ordinary affairs and was therefore not of unsound mind under section 48. But he found that her psychological injury, including episodes in which she experienced the abuse as present events, substantially impaired her will or ability to make a reasoned decision to bring a civil claim. He concluded that section 48A applied and the action was not statute-barred.

The court assessed general damages at €400,000: €250,000 for past suffering and €150,000 for future suffering. The judgment states that the figures would be divided on that basis if separate awards were required. The source excerpt ends after the damages assessment and does not include any further formal order.

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