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Court of Appeal, on appeal from an award of damages in the High Court of €1.43 million for personal injuries arising from a slip and fall in a supermarket: (a) dismisses appeal in respect of general damages, given the impact of the injuries on every aspect of the plaintiff's life; (b) allows appeal in respect of future urology costs and reduces sum accordingly; (c) allows appeal in respect of future rhizotomy procedure; (d) allows appeal in respect of the "real rate of return" (RRR) applied by the trial judge to the loss of earnings claim; with the result that the award was reduced to €1.2 million.
Personal injuries - assessment of damages - High Court award of €1.4 million - fall in supermarket - challenge to each category of loss - whether award of general damages of €260K was disproportionate - whether award of over €393K in respect of loss of earnings was excessive - rate of return on investment income - management of the trial - expert witnesses called out of turn - whether prejudice arose - urology costs - home help - future expenses.
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.
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