The High Court has approved a €369,424 damages assessment arising from the death of James Noonan, a former Electricity Supply Board employee, and directed that €7,500 be paid into court for three grandchildren under 18.
Mr Justice Garrett Simons made the order on 27 June 2022 under section 35 of the Personal Injuries Assessment Board Act 2003. The assessment was accepted by Mr Noonan’s widow, Patricia Noonan, and the ESB. The court directed that the remaining €366,424 be paid as set out in the assessment, and ordered the ESB to pay the costs of the approval application.
Mrs Noonan’s claim alleged that repeated exposure to asbestos fibres during her husband’s employment caused him to develop terminal malignant mesothelioma. She brought the claim on her own behalf and for the statutory dependants, including the deceased’s children and grandchildren. The judgment records the allegation; it does not make a finding on the alleged exposure or its cause.
The assessment included €325,704 for Mrs Noonan’s financial dependency. The judge said court approval was not required for that part because no minor or person lacking legal capacity had a dependency claim. The widow had confirmed that she accepted the provision.
Court approval was required for the division of the €35,000 statutory cap for mental distress, known as the solatium, because three of the four qualifying grandchildren were minors. Under the assessment, each qualifying grandchild was allocated €2,500. The judge considered this generous from the minors’ perspective, observing that they were unlikely to receive as much if the fatal injuries claim were litigated. Mrs Noonan had also confirmed on affidavit that the family accepted the proposed division.
The deceased was survived by his wife, three adult children and four qualifying grandchildren. A fifth grandchild, born after his death, did not qualify to share in the solatium. The court noted that the children were adults and financially independent, and that no dependency claim was made for them or the grandchildren.
The judge approved the assessment without deciding whether a court considering a section 35 application could alter the proposed division of the solatium. He said that issue did not need to be resolved in this case. The order also directed the Registrar to send a certified copy to PIAB.