In a recent appeal case before the Courts an award of over 121,00 euro was halved on the basis the Judge hearing the case initially had made an excessive award that must be considered a legal error.

The Plaintiff suffered personal injuries in a car accident In November 2011 to her elbow. Liability had been admitted so the case was one where the appropriate level of compensation was to be assessed.

It was the defendant’s position that the principal injury suffered by Ms Fogarty, namely chondromalacia of the right elbow, was constitutional in nature and the result of wear and tear and that a secondary condition known as synovitis, which she later developed and was identified in the course of an MRI scan in September 2013, was the result of the excessive use of steroid injections administered over an extended period by the Plaintiff’s doctors.

While it was admitted that the car accident took place, it was claimed by the defendant that it was minor in nature.

The Court hearing the appeal ruled that the damages awarded for general pain and suffering be reduced significantly. The case is an interesting one in that two different courts had two very different views on the correct level of damages to be applied.

Healy O’Connor Solicitors LLP