Woman awarded €60,000 for loss of consortium and solatium

Action for damages for loss of consortium and servitium caused by defendant's negligence - basis of claim is that plaintiff's husband suffered serious brain injuries in while at work which resulted in the breakdown of their marriage - parties received judicial separation in 2009 - defendant says marriage breakdown is the result of the plaintiff's own commencement of matrimonial proceedings - defendant says loss of consortium and servitium not foreseeable - whether there existed a valid, real and subsisting marriage at all times relevant to the claim - whether husband suffered injuries as result of negligence of defendant - whether plaintiff has suffered total or partial loss of ordinary incidents of ongoing marital relationship - whether there is a causal link between wrongful conduct of defendant and aforesaid loss - Court finds that, despite difficulties at various points, marriage was valid and subsisting at time of accident in 2005 - accident was the result of defendant's negligence - Court finds that accident was highly probable proximate cause of the marriage breakdown - manner in which damages should be assessed - Court rejects submission by plaintiff that damages for servitium should be assessed on an actuarial basis - Court notes previous authorities and quantum of damages - Court notes Coppinger v. Waterford County Council [1998] 4 IR 243 - distress in that case at higher level than instant proceedings - accordingly, Court reaches figure of €80,000 - vicissitudes and contingencies require reduction of 25% - award of €60,000.