Foley v Thermocement Products Ltd
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1956 |
| Date | 01 January 1956 |
Personal injuries -Whether damages awarded by jury excessive and perverse.
In an action for damages for personal injuries it was Held by the Supreme Court (Maguire C.J., Lavery and Kingsmill - Moore JJ., O'Daly J., dissenting) that there was no reasonable proportion between the figure which the Court would give for damages and the sum awarded by the jury and that the verdict should be set aside and a now trial on the issue of damages ordered. Per Lavery J.: —"It seems that what the Judge in the Court of appeal has to do is to make his own estimate of the damages he would award and then compare this estimate with the verdict and say whether there is a reasonable proportion between the sums, or whether the verdict is an entirely erroneous estimate of the damages or is plainly unreasonable. In making this...
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Byrne v Ardenheath Company Ltd
...of general damages, two of the decisions most frequently relied upon are those of Lavery J. in Foley v. Thermocement Products Ltd. [1954] 90 I.L.T.R. 92 and McCarthy J. in Reddy v. Bates [1984] ILRM 197. The former judgment advises that the test to be applied by an appellate court is to dec......
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