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Supreme Court allows appeal from dismissal of personal injuries claim in High Court, and remits matter for retrial on issue of liability.
Personal injuries - road traffic accident - plaintiff rendered paraplegic - collision between car and motorcycle - whether defendant negligent - dismissal of action in High Court (Lavan J) - role of appellate court in assessing evidence - weight given by trial judge to lack of timely complaint, to opinion evidence - failure of trial judge properly to weigh up conflicting evidence - whether defendant made belated decision to turn left - notice of claim made to defendant more than two years after accident - explanation for delay not properly considered - requirement that opinions be based on evidence - consequences of errors by trial judge - conflict of evidence as to whether car was stopped at time of impact - statement by trial judge that he accepted evidence of two witnesses "in full" notwithstanding conflict on important issue.
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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