The High Court awarded Aaron Flynn €50,000 in general damages for facial injuries that left permanent scars, following an assessment of damages only. With €1,395 in special damages agreed by the parties, the total award was €51,395.
Mr Flynn was working as a general operative for Saint-Gobain Building Distribution (ROI) Limited, trading as PDM, when a machine’s wire rope snapped and struck him in the face on 26 January 2018. He was off work for about two weeks. He has since left the company for reasons unrelated to the incident.
The judgment said Mr Flynn suffered lacerations to his forehead, nose and chin and was treated at Naas General Hospital. He was left with two permanent forehead scars, one rectangular and one shaped like an upside-down L, as well as a third scar concealed by his hairline. The judge said the two visible scars could be seen at conversational distance, with dark pigmentation particularly noticeable.
Mr Flynn gave evidence that he was self-conscious about the scars and covered them with his hair in daily life. As a dance teacher and competitive dancer, he repeatedly reapplied makeup to disguise them. The court heard that surgery or laser treatment could improve their appearance, but that without treatment the scarring was unlikely to improve. Mr Flynn intended to undergo revision surgery; the judgment said the scars would be raised and reddish for about three months afterwards and could take 18 months to two years to mature.
Counsel for Mr Flynn argued for damages in the Personal Injuries Guidelines’ severe scarring range of €60,000 to €80,000. The defendant’s counsel submitted that the serious scarring range of €30,000 to €60,000 was more appropriate, citing the absence of evidence of a significant psychological reaction.
Justice Reynolds assessed the injuries in the upper range for serious scarring. She cited Mr Flynn’s relatively young age, the permanent scarring, and its effect on his quality of life and dancing career. She said surgery was likely to improve the worst effects, but that he would be left with a permanent cosmetic disability and the scars would likely remain visible at conversational distance.
The court awarded €50,000 in general damages, added the agreed €1,395 special damages, and ordered costs on the Circuit Court scale with a certificate for senior counsel.