Apportionment of liability against young plaintiff struck by motor car was perverse

Personal injuries – appeal of High Court judgment wherein both liability and quantum were in dispute – assessment of general damages – plaintiff was struck by a motor vehicle when attending the Galway International Motor Rally – whether the finding of 66.66% contributory negligence on the part of the plaintiff was perverse having regard to the evidence – whether general damages were unjust and lacking in proportionality – whether figure for past losses was supported by evidence – whether sum for future loss of earnings was supported by evidence – general damages for pain and suffering into the future – sum awarded by the trial judge in respect of future pain and suffering was wholly inadequate by way of compensation and that it must be set aside – loss of earning to date – perverse for the High Court judge to calculate the loss of earnings into the future on the basis which he did – appellate court should only interfere with an apportionment of fault where it is satisfied that the trial judge has made a gross error in making that apportionment – responsibility in terms of the plaintiff’s safety rested with the experts – apportionment of liability by the trial judge was indeed perverse – liability as to 75% against the first, second and third named defendants and 25% as against the plaintiff – High Court award set aside new award of €564,682 ordered – appeal allowed.