Gahan v Engineering Products Ltd

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 08 March 1971
• Docket Number: [1967. No. 2585 P.]
• Date: 08 March 1971

(S.C.)

Gahan

and

Engineering Products Ltd

Inference from facts established - Injury to eye - Cause of accident not known precisely - Partial loss of eyesight -Damages - Appeal - Damages re-assessed by Supreme Court - Courts of Justice Act, 1924 (No. 10), s. 96.

The plaintiff's left eye was injured in an accident which occurred during the course of his employment with the defendants and, as a result of the injury, his ability to see with that eye was impaired. At the trial of the plaintiff's action in the High Court the jury found that his injury had been caused by a flying fragment of matter. The precise source of the fragment was not proved although it was established that welding work was being performed in the vicinity of the plaintiff at the time of the accident. The jury found that the defendants had been negligent in failing to equip the plaintiff with protective goggles. The jury assessed general damages at £1,200 for the plaintiff's pain and suffering until the date of the trial and at £3,200 for his future pain and suffering. At the hearing of an appeal by the defendants they submitted (a) that there had not been sufficient evidence of the source of the fragment to support a finding that they had been negligent and (b) that the general damages awarded by the jury were excessive as there had not been a total loss of sight from the injured eye. Held by the Supreme Court...