Hegarty v O'Loughran

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 27 May 1987
• Neutral Citation: 1987 WJSC-HC 1747
• Docket Number: [1982 No. 10243P],10243P/1982
• Court: High Court
• Date: 27 May 1987

1987 WJSC-HC 1747

THE HIGH COURT

10243P/1982

HEGARTY v. O'LOUGHRAN

ANNA HEGARTY

.V.

FRANCIS O'LOUGHRAN AND GERALD E. EDWARDS

Citations:

STATUTE OF LIMITATIONS 1957 S11(2)(b)

MORGAN V PARK DEVELOPMENTS 1983 ILRM 156

CARROLL V KILDARE CO COUNCIL 1950 IR 258

Synopsis:

ACTION

Cause

Accrual - Date - Ascertainment - Damage - Discovery - Plaintiff claimed damages from defendant for personal injuries of the plaintiff allegedly caused by negligence of defendant - ~See~ Limitation of Actions, cause of action - (1982/1024 P - Barron J. - 27/5/87) - [1987] IR 135 [1987] ILRM 603

|Hegarty V. O'Loughran|

LIMITATION OF ACTIONS

Cause of action

Accrual - Date - Ascertainment - Damage - Discovery - Delay - Negligence - Personal injuries - Section 11, sub-s. 2(b), of the Statute of 1957 states that an action claiming damages for negligence, nuisance or breach of duty shall not be brought after the expiration of three years from the date on which the cause of action accrued, if the damages claimed by the plaintiff consist of or include damages in respect of personal injuries to any person - In October, 1973, the plaintiff had an operation consisting of a resection of the nasal septum - The nasal bridge collapsed soon after that operation - A remedial operation was performed in June, 1974, but it was not a success - In 1976 there was a deterioration in the plaintiff's condition - From 1976 to 1978 the plaintiff mentioned to her own doctor from time to time that she was suffering discomfort - Her condition deteriorated greatly in 1980 and in 1981 she had a third operation, which appeared to have been successful - On 19/10/82 the plaintiff issued a plenary summons in which she claimed that each of the defendant surgeons had been negligent in performing one of the first two operations, and in which she claimed damages from the defendants for the personal injuries that she had suffered as the result of the alleged negligence - The defendants pleaded that the plaintiff's causes of action were statute barred, and the issue of the statute bar was determined as a preliminary issue - Held that each of the plaintiff's causes of action accrued on the date on which the relevant act, which was alleged to have caused damage, was committed - Held, accordingly, that the plaintiff's causes of action were barred by the provisions of s.11, sub-s. 2(b), of the Statute of 1957 - ~Carroll v. Kildare County Council~ [1950] I.R. 258 considered - Statute of Limitations, 1957, s.11 - (1982/1024 P - Barron J. - 27/5/87) - [1987] ILRM 603 [1987] IR 135

|Hegarty v. O'Loughran|

1 Judgment of Mr. Justice Barrondelivered on the 27th day of May 1987.

2 The facts in this case can be stated shortly. In the month of October, 1973 the Plaintiff required a septal resection and this operation was performed for her then by the first named Defendant. The nasal bridge collapsed soon after this operation and a remedial operation was performed in June, 1974 by the second named Defendant.

3 This second operation was not a success either. The result began to deteriorate in about the year 1976. From then until the year 1978 she mentioned the matter to Doctor Browne though not apparently as her Doctor. He thought that there was a good result although it had settled a little. When she talked about it to him, he expressed the view that it was alright. From 1978 the Plaintiff attended Doctor Browne as her general practitioner. She did not go to him for specific advice about her nose, but did, when attending him for other complaints, complain of discomfort. His attitude as expressed to her was to leave her nosealone.

4 The Plaintiff went to London in June...