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.
Injuries sustained in road traffic accident were not attributable to subsequent medical intervention
|
or click here to request site subscription to search and view all judgments |
High Court, in personal injuries proceedings, awards damages in the sum of €121,386.11 for injuries sustained to the plaintiff's right elbow and shoulder as a result of a road traffic accident, and finds the defendant liable for such injuries despite a plea that repeated steroid injections (19 in total) administered to the plaintiff by her treating doctor were the cause of such injuries, as the defendant's own evidence failed to establish such a new intervening cause of the plaintiff's injuries, and where such was never actually pleaded by the defendant prior to trial.
Personal injuries - road traffic accident - liability conceded by defendant - causation at issue - alleged injuries to plaintiff's right elbow and shoulder - whether injuries constitutional in nature or caused by repeated steroid injections administered by plaintiff's treating doctor - sequence of nineteen injections - complicated medical history - plaintiff's own evidence - evidence from plaintiff's medical doctor - expert medical evidence - appropriateness of steroidal injections - evidence from orthopaedic surgeon - symptoms and side-effects of injuries sustained - evidence from hand and plastic surgeon - first mention of plaintiff's elbow complaint - effect of repeated injections - parties' submissions - novus actus interveniens not pleaded by defendant - significant pain and suffering caused to plaintiff as a result of her injuries - general damages for pain and suffering to date of €85,000.00 - €30,000.00 for pain and suffering into the future - €6,386.11 for special damages - an overall award of €121,386.11.
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.
