High Court, in a case where there is dispute between the statutory dependents of a deceased woman about the apportionment of solatium damages, awards €33,000, out of the statutory maximum of €35,000, to the deceased's husband, and €1,000 each to the deceased's father and mother, with whom she did not have much contact since her childhood.
Plaintiff brings the action on his own behalf and on behalf of the seven other statutory dependants listed in the Personal Injuries Summons - Plaintiff's wife died while pregnant in the care of National Maternity Hospital - liability is conceded - ruling concerns the apportionment of solatium damages among the statutory dependants - all of the statutory dependants are of full age, except for one who is 14 - dispute between dependants as to the apportionment - several of the dependants have indicated that they wish the damages to go to the Plaintiff - Plaintiff's father and mother claim that all of the damages should go to the deceased's half brother - evidence before the Court is that deceased had little contact with half brother - deceased ceased being in the care of her mother when she was 5 - deceased was 9 when guardianship transferred from her father to her grandmother (who has indicated her share should go to the Plaintiff) - Court notes that purpose of solatium is to compensate for grievous effect of death on dependant - solatium damages provided for under the Civil Liability Act 1961 - Court awards €33,000 to the Plaintiff and €1,000 each to the deceased's parents.