The High Court has ordered that liability be tried separately and before damages in a personal injury action arising from a 2013 motorcycle collision in Galway. The liability trial is to be heard in Galway; the judge left any further directions on assessing damages to the trial judge.
The plaintiff alleges that on 2 March 2013 the defendant drove her car into the path of his motorcycle on the R226 at Salthill, Galway. He now resides in Poland. The judgment records that his personal injury summons said he suffered significant consequences from the incident. The court made no finding on how the collision occurred or on the injuries claimed.
The defendant’s defence denies liability and pleads 11 particulars of contributory negligence. It puts the plaintiff to proof that he minimised his loss and did not exaggerate it, but, as the judgment notes, does not specifically plead exaggeration.
The plaintiff applied under Order 36, rule 9 of the Rules of the Superior Courts for liability to be determined separately from quantum, meaning the assessment of damages. The defendant opposed the split, submitting that the plaintiff had to show why it was desirable and that inconsistencies concerning his injuries could affect credibility. The defendant also argued that a liability trial might run into a fourth day.
The judge considered the witness schedules and the likely demands of a damages trial, which was expected to take more than three days and involve medical witnesses practising in Galway. Most Gardaí, factual witnesses and experts were also based there. The court weighed affidavits from solicitors for both parties and concluded that a trial judge in Galway could accommodate the disadvantage raised by the defendant if necessary.
Granting the application, the court said it made sense to hear liability first and cited the preference for personal injury cases to be tried in a venue that facilitates witnesses. The ruling determines only the order and separation of issues. It does not decide liability, contributory negligence or the amount of any damages.