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Court of Appeal dismisses appeal of High Court award of damages of €105,929 made in respect of a plaintiff who suffered soft tissue injuries but developed chronic back pain and depressive symptomology, on the grounds that the award of €75,000 in respect of pain and suffering to date or the €30,000 in respect of future loss and damage were not disproportionate, and the total award for the injuries was not excessive.
Personal injuries – negligence – assessment of damages – whether a total award of €105,929 was excessive and disproportionate – chronic back pain and depressive symptomology – guidance given in Nolan v. Wirenski – approach to damages in the light of analysis – plaintiff became depressed as a result of injury – award of €75,000 in respect of pain and suffering to date or the €30,000 in respect of future loss and damage were not disproportionate – sums awarded are probably on the upper range of what is appropriate – appeal dismissed.
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