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Court of Appeal dismisses appeal and upholds decision of the High Court to award the plaintiff the sum of €65,000 in general damages following an injury suffered by the plaintiff while skating at the defendant's ice rink, on the grounds that: (a) the trial judge made clear and sustainable findings of fact on these issues that were supported by credible evidence which cannot be disturbed by the court; and (b) there was more than ample evidence available to the trial judge which entitled her to conclude that the defendant had been negligent in this case and that such negligence caused the plaintiff’s accident.
Noonan J (nem diss): Appeal of a decision of the High Court to award the plaintiff €65,000 in general damages - personal injuries proceedings - negligence - plaintiff, who was 10 years old at the time, suffered an injury to her hand when she fell whilst skating at an ice rink operated by the defendants and another patron skated over her hand - the defendant's appealed both liability and quantum - whether the evidence of the plaintiff, her mother, her sister and their expert witness should be rejected by the Court of Appeal - Hay v O’Grady [1992] 1 I.R. 210 - whether there was sufficient evidence for the trial judge to find that the defendant was negligent in the operation of the ice rink - Court expresses disapproval of pleas made in the defence which were not pursued at trial which placed blame for the injuries suffered on the plaintiff and her mother - Court critical of defendant's approach involving expert evidence - appeal dismissed.
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