Personal Injuries - Injuries due to accident - Damages & Restitution - Physical pain and suffering - Loss of earning - Award of damages 

Facts: Following the occurrence of an accident due to the collision of the vehicle driven by the second named defendant into the plaintiff and the sustenance of injuries by the plaintiff, the plaintiff now sought an order for damages. The issue between the parties was the plaintiff’s loss of earnings. The plaintiff contended that the plaintiff had suffered loss of earnings whereby she had to leave her previous employment due to the accident. The defendants contended that the term of the plaintiff’s work was such that the plaintiff might not have been made permanent and thus, objected to the plaintiff’s claim for loss of earnings.
Held: Mr. Justice Cross awarded the plaintiff special damages, damages for loss of earning to date and future, and also the damages for pain and suffering to date and future based on actuary’s figures as a guide. The Court held that had the accident not occurred, the plaintiff would have continued working with her previous employer and that there ought to be minimal reduction. The Court granted the damages for loss of earning into the future based on actuary’s calculations and with relatively modest deductions in the form of social welfare payments. The Court, while awarding the plaintiff general damages for physical pain and suffering, observed that the Court must be fair to both the parties and took into account the severity of injuries and pain, including psychiatric injuries and particularly severe scarring suffered by the plaintiff.
Ozoruchi, Adeola v Crean, Michael and ors
4/11/2016 No. 2013/11283 P [2016] IEHC 613