Foley v Thermocement Products Ltd

JurisdictionIreland
CourtSupreme Court
Judgment Date01 Jan 1956
S.C.
Foley
and
Thermocement Products, Ltd.

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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22 cases
  • Byrne v Ardenheath Company Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 9 November 2017
    ...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......
  • B.D. v The Minister for Health and Children
    • Ireland
    • High Court
    • 19 January 2019
    ...component in the assessment of general damages. See McGrath v Bourne (1876) I.R. 10 C.L. 160; Foley v. Thermocement Products Ltd (1954) 90 I.L.T.R. 92; Rossiter v Dun Laoghaire Rathdown County Council [2001] 3 I.R. 578; and Kearney v McQuillan (supra). However, correctly understood, if th......
  • Leech v Independent Newspaper (Ireland) Ltd
    • Ireland
    • Supreme Court
    • 19 December 2014
    ...364. Dunne v. Honeywell Control Systems Ltd. (Unreported, Supreme Court, 1st July, 1993). Foley v. Thermocement Products Ltd.DLTR (1956) 90 I.L.T.R. 92. Gahan v. Engineering Products Ltd.IR [1971] I.R. 30. Hay v. O'GradyIR [1992] 1 I.R. 210; [1992] I.L.R.M. 689. Heaney v. IrelandIR [1994] 3......
  • Holohan v Donohoe
    • Ireland
    • Supreme Court
    • 11 February 1986
    ...A.C. 626. William McEvoy Ltd. v. James Calder & Co. Ltd.DLTR (1920) 55 I.L.T.R. 121. Foley v. Thermocement Products Ltd.DLTR (1950) 90 I.L.T.R. 92. Mulvihill v. Limerick County CouncilDLTR (1951) 87 I.L.T.R. 63. Murdoch v. Workman & Co.DLTR (1894) 28 I.L.T.R. 39. McGrath v. BourneUN......
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