IRL High Court awards €282,540 in damages to a plaintiff who had sustained ongoing neck and back pain as a result of a road traffic accident.

Richardson -v- Premimionas & Ors

On the 17th January 2008 the plaintiff was in his VW Cabby Van waiting at a junction to make a right turn when a car being driven by the uninsured first named defendant came through a red light and collided with the plaintiff’s van.

After the accident, he continued to suffer back and neck pain which restricted him from carrying out his work. The challenge for the court in assessing the damages due to the plaintiff was that the work, as a scenic painter on the set of films, was of a specific and sporadic nature, with his pay ranging from €55,000 in one year to only €8500 in another.

In assessing damages, Peart J. stated “In arriving at a fair methodology for calculating a loss, I must take into account the sporadic nature of the work concerned… Accordingly I intend to begin from a headline annual average earnings of €36,000, rather than take the best of the years 2007-2011… If one was to work on the basis that in the future the plaintiff was likely to be able to earn a figure of €25,000 per annum, the capitalised loss to age 65 is €114,405.”

The total of general damages awarded came to €140,000. Agreed special damages and future loss of earnings amounted to €142,540, making a total for general damages and special damages of €282,540 for which there was judgment in favour of the plaintiff.

The full judgement can be read here:

S. Major, Lacey Solicitors

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