Judgment: 2015-11-10 · Court archive

Court of Appeal cuts personal injury award to €37,985

The court allowed a defendant’s appeal, finding that the High Court’s general damages award for injuries from a 2012 road traffic accident was unduly generous.

Court of Appeal ·

Who, what, where, when and why

Who
  • Margaret Payne (Plaintiff)
  • John Nugent (Defendant)
What

The court allowed a defendant’s appeal, finding that the High Court’s general damages award for injuries from a 2012 road traffic accident was unduly generous.

Where

Places mentioned in the report

  • Sundrive Road, Dublin
  • Sundrive Road
  • Dublin
When

Judgment:

Other dates in the report
  • 19 December 2012

    The case arose from a road traffic accident on 19 December 2012 at Sundrive Road, Dublin. Margaret Payne was a back seat passenger in a car rear-ended by John Nugent’s vehicle. The High Court, after a two-day trial, awarded €45,000 for pain and suffering to the date of trial, €20,000 for future pain and suffering, and €2,985 in agreed special damages.

Why

Reasons reported in the judgment

Payne’s counsel argued that the trial judge accepted her evidence of chronic back pain that continued to affect her quality of life, and that the medical reports supported the awards. The appeal court noted that the trial judge had found her truthful and not prone to exaggeration. He accepted that her shoulder symptoms cleared quickly, her neck had largely cleared before trial, and her back remained troublesome, with the report evidence indicating it was 50 per cent recovered in 2014. He also accepted evidence of a moderate adjustment disorder and low mood.

The Court of Appeal allowed an appeal against a High Court personal injury award, reducing the total from €67,985 to €37,985. The court said the general damages awarded for the plaintiff’s injuries were unduly generous in light of the evidence and the injuries’ severity.

The case arose from a road traffic accident on 19 December 2012 at Sundrive Road, Dublin. Margaret Payne was a back seat passenger in a car rear-ended by John Nugent’s vehicle. The High Court, after a two-day trial, awarded €45,000 for pain and suffering to the date of trial, €20,000 for future pain and suffering, and €2,985 in agreed special damages.

Nugent appealed the general damages awards. His counsel argued that the plaintiff’s treatment had ended about 15 months after the accident, that she had no treatment for her back after March 2014, and that her neck and shoulder symptoms had largely resolved. He also challenged the psychological injury evidence, which included a report from a psychiatrist retained to advise on her condition.

Payne’s counsel argued that the trial judge accepted her evidence of chronic back pain that continued to affect her quality of life, and that the medical reports supported the awards. The appeal court noted that the trial judge had found her truthful and not prone to exaggeration. He accepted that her shoulder symptoms cleared quickly, her neck had largely cleared before trial, and her back remained troublesome, with the report evidence indicating it was 50 per cent recovered in 2014. He also accepted evidence of a moderate adjustment disorder and low mood.

The Court of Appeal said it was bound by trial findings supported by credible evidence, while it was in as good a position as the trial judge to assess the medical reports. It concluded that the injuries were modest and that the original €65,000 general damages award was outside the appropriate range. The court said its comparison with awards for catastrophic injuries was a benchmark for its assessment, not a formula for every case.

It reduced damages for pain and suffering to €30,000 to the date of trial and €5,000 for the future. Adding the agreed €2,985 special damages, the court substituted a total award of €37,985 for the High Court award.

Read the original court judgment

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