Court of Appeal: (a) dismisses appeal from High Court, and affirms determination that a retail chain was liable to an employee for injuries arising from a fall from a defective ladder, on the grounds that there was sufficient expert evidence based on CCTV footage that the employee had been on the ladder at the time; but (b) reduces the award of general damages from €110,000 to €100,000.
Noonan J - Appeal against quantum and liability - personal injuries - employee falls from defective ladder - footage from two different camera's - evidence of engineers for Plaintiff and Defendant gave opposite evidence of what they say the CCTV showed - alleged plaintiff’s evidence was confused and contradictory, there was no coherent evidence of a fall from the ladder. This was to be contrasted with the clear evidence of the defendant's witness - also alleged no causal link between defect in ladder and accident - held court cannot interfere with findings of fact that are supported by credible evidence, no matter how voluminous and weighty the evidence may be - however a judge's interpretation of evidence can still be scrutinised in appellate court - trial judge ultimately entitled to have decided the way it did based upon evidence before it - re general damages - from €50,000 to date and €70,000 into the future - to €50,000 to date and €50,000 into the future.