Contributory Negligence in Personal Injury claims

Damages - Personal injuries - Contributory negligence - Plaintiff seeking damages for personal injuries - Whether the plaintiff was guilty of contributory negligence - Damages: €62,482.50

 

Facts: The plaintiff, Mr McWhinney, was a maintenance fitter. In July 2013 he was contracted by the Cork City Fire Station on Anglesea Street. On 22nd July, 2013, while carrying out repairs to the shutter of one of the fire trucks operating from the station, he sustained a serious injury to his left wrist. His personal injuries action was heard by the High Court (Barniville J) on 9th and 10th July, 2018.

Held by Barniville J that he found for the plaintiff on liability. He made a finding of contributory negligence against the plaintiff, which he assessed at 25%. Barniville J held that he assessed the plaintiff’s general damages to date at €60,000.00 with general damages into the future of €10,000.00, making a total of €70,000.00 for general damages, subject to the appropriate deduction to reflect his finding of contributory negligence. He noted that special damages were agreed at €13,310.00.  Overall, he made an award in favour of the plaintiff of €62,482.50. Reliefs granted.