The Gazette 1996

GAZETTE

APRIL/MAY 1996

Personal Injury Judgments: Liability and Quantum

Dr. Eamonn G. Hall

The judgments considered in this issue are reported in full in a series of reports of cases entitled Personal Injury Judgments Hilary and Easter Terms 1995 by Doyle Court Reporters, 2 Arran Quay, Dublin 7. (Tel. 01-872 2833/286 2097, Fax 01- 872 4486). The Doyle series contain ex tempore reports of judgments involving personal injury and are now in their twelfth volume.

Brian White -v- Nora Burke

High Court, Murphy J. Judgment: April 26, 1995

On April 27, 1990, a 19 year old youth fractured his ankle

Basic Facts and Issues

when he fell off a ladder while cleaning windows for an elderly widow in Mitchelstown, Co. Cork. He was paid the sum of £2 for the service. Was the widow an employer, an independent contractor, liable as an occupier, or otherwise liable to the youth? Murphy J held that to fit the parties into categories of employer and employee, or employer and independent contractor, was "somewhat unreal". These were "special circumstances" where an elderly widow sought domestic assistance from "a very young and inexperienced man" almost amounting to a charitable act on her part. "fundamental and basic principle of the law of negligence": "every person is obliged to exercise reasonable care for the safety of others and for himself and herself in particular circumstances which exist where the activities of one person may impinge on those of another". Decision The judge considered that it was more realistic to view the case on the

Quantum and loss of earnings, (although no loss was specified) "within" a figure of £20,000. In relation to future pain and suffering although "extremely speculative", the plaintiff would require medication and the judge added £20,000 under this heading. Under the heading of reduced opportunity for employment, although "extraordinarily difficult" to determine, Murphy J decided on a figure of £25,000. As there were no "special" damages, the total amounted to £65,000. As the plaintiff was 50% liable, the total quantum of damages awarded to him was £32,500. had been arthritic changes in his ankle that would cause him pain. It was possible that the arthritic condition could deteriorate necessitating surgical intervention in 15 years time involving fusion of the ankle joint. Murphy J calculated pain and suffering,

The 19 year old youth himself was held to be negligent when he mounted a ladder that was "manifestly unsafe". In fact, he had so confessed to his friend. The elderly widow was negligent, according to the judge, because she left the house before she saw how the task was going to be carried out by the youth. She owed him a duty to ensure that he was approaching the task in a way that was reasonably safe for him. The 19 year old plaintiff had fractured his ankle; Injuries had been detained in Cork Regional Hospital for twelve days; was immobilised in plaster for some four to six weeks during which he was on crutches and "limped about" for some six to twelve months afterwards. Negligence of each party was apportioned at 50%.

Screws had been inserted in his ankle and a surgeon had identified that there

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