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High Court awards plaintiff €69,000 for personal injuries sustained to his knee, being general damages for pain and suffering to date in the sum of €45,000, together with the sum of €15,000 for future pain and suffering, the cost of the surgical procedure of €5,000 and a period of four weeks post surgery when he is unable to work, thereby giving rise to a loss of earnings during that period of €4,000 net, on the grounds that the defendant was liable as the pothole at the locus was caused due to the hazardous state of the area, which was due to the fact that defective repairs had been carried out thereto prior to the time of the accident.
Personal injuries – assessment of damages - making a delivery of a parcel to a house - right foot went into a hole in the surface of the road – immediate pain – injuries to his right knee – medical evidence - necessity for the arthroscopy operation – engineering evidence - the pothole at the locus was caused due to the hazardous state of the area, which was due to the fact that defective repairs had been carried out thereto, prior to the time of the accident – defendant found to be liable - no contributory negligence - general damages for pain and suffering to date in the sum of €45,000, together with the sum of €15,000 for future pain and suffering - to this must be added the cost of the surgical procedure of €5,000 Court allowed the plaintiff a period of four weeks post surgery when he is unable to work, thereby giving rise to a loss of earnings during that period of €4,000 net - total reward of €69,000 –
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