The Court of Appeal found that damages awarded to Rita and Anthony Shannon after a 2012 road traffic accident were disproportionate to their injuries. It proposed substantially lower awards, while the available judgment excerpt does not state whether those proposed sums were made into final orders.
The appeals concerned awards made by the High Court at Kilkenny on 25 March 2015. The High Court had awarded Rita Shannon €131,463, including €50,000 for pain and suffering to date and €80,000 for future pain and suffering. Anthony Shannon was awarded €91,463, including €35,000 and €55,000 under those respective heads. Each total also included €1,463 in agreed special damages.
The defendant argued that the awards were excessive. The Shannons’ counsel submitted that they reflected the trial judge’s findings, including chronic neck symptoms, nerve injuries and psychological effects. The Court of Appeal accepted the trial judge’s factual findings as supported by credible evidence, but said it could intervene if the general damages awards were so disproportionate as to amount to erroneous estimates.
The appeal judgment said both Shannons continued working and attending to daily activities after the collision. Neither missed work. Their treatment was limited, including two injections each, and the court noted a long interval without medical review. It also found that the trial judge had not sufficiently explained how the injuries affected the couple’s lives, or the expected severity, frequency and duration of future symptoms. In Rita Shannon’s case, the judgment said the evidence did not adequately establish the likelihood and consequences of possible future surgery.
The court concluded that the High Court’s general damages awards were not fair or proportionate. It proposed replacing Anthony Shannon’s awards with €25,000 for pain and suffering to date and €15,000 for the future. For Rita Shannon, it proposed €40,000 to date and €25,000 for the future, reflecting the trial judge’s finding that her injuries were somewhat more severe.
The excerpt ends with those proposed replacement awards. It does not record a formal final order on the appeals or state the treatment of the agreed special damages.