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High Court assesses damages in the amount of €89,250 in favour of the plaintiff, and against an employer, in personal injury proceedings arising out of a road traffic accident, in circumstances where a car was struck from the rear by a van driven by an employee of the defendant, and liability for causation of the accident not in issue between the parties.
High Court - personal injuries - assessment of damages - road traffic accident - plaintiff had brought car to a halt with intention of turning into garage premises - car was struck from rear by a van driven by an employee of the defendant - liability for causation of the accident not in issue between the parties - dominant injury suffered by the plaintiff was a tear to the rotator cuff in his right shoulder - plaintiff suffered an adjustment disorder and depression as a result of ongoing symptoms and functional disablement - court required to have regard to the dominant injury and apply a reasonable uplift for the psychiatric aspect while at the same time ensuring that the overall award is not disproportionate - court satisfied that the plaintiff had given his evidence in a fair and frank manner - court awarded €75,000 for general damages and added the agreed sum for special damages of €14,250.
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