Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Damages awarded to builder struck by jeep during confrontation outside school
|
or click here to request site subscription to search and view all judgments |
High Court grants award of €69,375 for personal injuries suffered during confrontation outside national school, where a builder sought to embarrass former customers for alleged failure to pay him, on the grounds that: a) the evidence established that the plaintiff had been struck by the defendant's jeep while the defendant attempted to remove a sign from the plaintiff's car and the plaintiff attempted to stop him; b) the plaintiff was guilty of contributory negligence of 25% in creating the relevant state of affairs; c) the plaintiff had not tried to mislead the court as to his previous back injuries; and d) damages were assessed at €92,500 prior to reduction for contributory negligence.
Claim by self-employed builder - believed he had not been paid full price by son and daughter-in-law of defendant - placed signs on van opposite national school where daughter-in-law worked - “Padraig & Aileen White – please pay the money you owe for your new house.” - confrontation outside school - attempt by defendant to remove signs - plaintiff walked between his vehicle and defendant's vehicle - claim by plaintiff that he had been hit by defendant's jeep - contributory liability - assessment of damages - pre-existing back pain - ability to work - ability to do karate - effect on his life - prognosis - whether plaintiff truthful in his evidence - section 26 of the Civil Liability and Courts Act 2004 - whether failure to disclose prior back pain - total assessment of damages €92,500.00 - reduced to €69,375.00 for contributory negligence.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
