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Court of Appeal adjusts the award for general damages in a personal injuries claim from €90,000 to €55,000, finding that the High Court had misdirected itself in categorising the plaintiff's shoulder injury, and the plaintiff's injury did not precisely fit into the serious category as he had not had surgery and was not likely to have persisting symptoms post-surgery.
Personal Injuries Guidelines - Court of Appeal - High Court - general damages - special damages - shoulder injury - rotator cuff tear - surgery - medical evidence - proportionality - compensation adjustment - Personal Injuries Assessment Board (PIAB) - chronic whiplash syndrome - mitigation of loss - medical card - financial constraints - comparator cases - McDonnell v Upton Foods - medical reports -physiotherapy - appellate review.
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