O'Driscoll v Irish Shell and B.P. Ltd and Another

• Jurisdiction: Ireland
• Judgment Date: 05 April 1968
• Date: 05 April 1968
• Docket Number: [1966. No. 285P.]
• Court: Supreme Court

(S.C.)

O'Driscoll

and

Irish Shell and B.P. Ltd. and Another

Additional injury becoming apparent after particulars of injury furnished - Plaintiff's duty to give notice of additional injury - Costs - Form of order - Costs of the day - Rules of the Superior Courts, 1962 Or. 99, r. 37 (33).

In his statement of claim the plaintiff pleaded that he had sustained "personal injuries" and, in reply to the defendants' request for particulars, he specified an injury to his left thumb which he said had been caused by a deep cut between that thumb and his left index finger. At a medical examination, held after the pleadings had been closed, the defendants' surgeon noticed a contraction of the index finger of the plaintiff's left hand, but the plaintiff did not inform the defendants then, or subsequently, that he intended to rely on that injury at the trial. Counsel for the plaintiff informed the jury, during his opening address at the trial of the action, that the injury to the plaintiff's left index finger was an important factor in the case, whereupon the defendants' counsel objected. The trial judge adjourned the hearing of the action and ordered the plaintiff to pay to the defendants the costs thrown away by the adjournment. Held by the Supreme Court (Walsh, Budd and FitzGerald JJ.): 1. That where an additional injury to a plaintiff becomes apparent after his pleadings have...