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Court of Appeal allows appeal of a decision of the High Court awarding the plaintiff €250,000 in damages for future loss of earnings and remits the matter to the High Court solely for the purpose of assessing damages for future earnings and directs that it should be based upon the evidence already given in the High Court when the case was at trial, on the grounds that: (a) the trial did not make clear the basis upon which she was awarding a sum of €250,000 for loss of future earnings; (b) the trial judge did not indicate by what percentage she was reducing the starting figure she had in mind before making the deduction to arrive at the final figure of €250,000; and (c) the Court was unable to reconstruct the possible basis upon which the trial judge arrived at her final figure with any certainty.
Ní Raifeartaigh J (nem diss): Appeal of a decision of the High Court awarding the plaintiff €250,000 in damages for future loss of earnings in a personal injuries claim - appeal relates solely to the issues of future loss of earnings - the plaintiff suffered injuries from a road traffic accident - the defendants brought the appeal - the action proceeded by way of assessment of damages only as the defendants conceded liability - the plainitff suffered multiple soft tissue injuries to her neck, back and knee and most significantly, she sustained an injury to her coccyx bone and has subsequently developed a condition known as coccydynia - the plaintiff was a secretary at her local school - the trial judge found that even if her work environment was adapted to suit her needs, it was unlikely that the plaintiff would be in a position to resume work on a full-time basis - whether the trial judge was correct in awarding €250,000 for future loss of earnings - Reddy v. Bates - appeal allowed - proceedings remitted to the High Court to determine the issue of loss of earnings only.
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