The High Court has approved a proposed €1 million settlement in a fatal injuries claim brought by Margaret McLaughlin for herself and the statutory dependants of her husband, John McLaughlin, who died in a road collision in 2017.
Mr Justice Garrett Simons ruled on 12 July 2021 that the settlement was reasonable and that the proposed allocation of damages for loss of dependency was generous to the couple’s three children. The approval was required because some dependants were minors. The judgment records that the settlement was subject to court approval; it does not record that the final order had already been drawn up.
The court heard that the defendant had been driving a vehicle that collided with Mr McLaughlin’s vehicle and then unlawfully left the scene. The defendant was later convicted in the Circuit Court of dangerous driving causing death and was serving a prison sentence at the time of the judgment. Mr McLaughlin’s parents and siblings waived any entitlement to share in damages.
A central uncertainty in assessing the settlement was Mr McLaughlin’s likely future earnings. He was a qualified accountant employed by E & I Engineering Group. A trial-period role paid about €40,800 a year, with an expected increase to €75,000 and a possible €20,000 commission or bonus if the trial period was completed successfully. The arrangements were not in writing, and the person who later took the role was paid significantly less than €75,000. The parties’ actuarial reports used different salary assumptions: €40,800 for the defendant and €95,000 for the plaintiff.
Justice Simons considered that a trial judge would likely value the claim at no more than €1.15 million before a discount for risks affecting future earnings and employment. He concluded the proposed settlement was unlikely to be exceeded at trial, while acknowledging a slight risk that a lower amount might be awarded.
The agreed damages included €35,000 for the statutory solatium for mental distress and €24,428 for expenses. The widow was allocated €669,593 for dependency loss. The children’s dependency sums, in descending order of age, were €80,861, €90,687 and €99,431. The court directed that the children’s allocated sums be paid into court for their benefit.
The solatium was divided equally between the widow and the two older children, giving each €11,666.67. The youngest child was born after his father’s death. Applying an earlier High Court decision, Justice Simons concluded that the youngest was not entitled to share in the solatium.
The court also approved an order for the representative plaintiff’s legal costs against the defendant, with the costs to be adjudicated if the parties could not agree. The solicitor was asked to submit a draft order for approval.