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Court of Appeal allows appeal and overturns decision of the High Court awarding the plaintiff €70,000 for general damages together with agreed special damages in the amount of €6,000, and substitutes the award for €35,000 for general damages, on the grounds that: (a) the trial judge gives little insight into how the amount awarded was arrived at; and (b) the figure arrived at by the trial judge could not be regarded as proportionate when the Book of Quantum was taken into account and the fact that the injury suffered by the plaintiff was categorised as “moderate”.
Noonan J (nem diss): Appeal of a decision of the High Court awarding the plaintiff €70,000 for general damages together with agreed special damages in the amount of €6,000 – personal injuries – assessment of damages – cap on damages – Book of Quantum - the plaintiff was in a road traffic accident - the plaintiff suffered soft tissue injuries primarily to her lumbar spine – the plaintiff also suffered injuries to her thoracic and cervical spine affecting her left shoulder, arm and hand – whether the amount awarded by the trial judge was appropriate – proportionality – whether the amount was proportionate - comparison with previous awards - appeal allowed – Court substitutes award for the sum of €35,000 for general damages.
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