Kelly v Hennessy

• Jurisdiction: Ireland
• Judge: Mr. Justice Lavan
• Judgment Date: 30 March 1993
• Neutral Citation: 1993 WJSC-HC 2353
• Docket Number: 2370 P/1990
• Court: High Court
• Date: 30 March 1993

1993 WJSC-HC 2353

THE HIGH COURT

2370 P/1990

KELLY v. HENNESSY

BETWEEN

ANNE KELLY

PLAINTIFF

AND

FERGUS HENNESSY

DEFENDANT

Citations:

MULLALLY V BUS EIREANN & ANOR 1992 ILRM 722

ALCOCK & ORS V CHIEF CONSTABLE OF SOUTH YORKSHIRE POLICE 1991 4 AER 907

BRICE V BROWN 1984 1 AER 997

HEVICAN V RUANE 1991 3 AER 65

MCMAHON & BINCHY IRISH LAW OF TORTS 2ED 1990

JONES V WRIGHT 1991 3 AER 88

MCLOUGHLIN V O'BRIEN & ORS 1982 2 AER 298

P H & ORS V JOHN MURPHY & SONS LTD 1987 IR 621

RAVENSCROFT V REDERIAKTIEBOLAGET TRANSATLANTIC 1991 3 AER 73

KEEGAN, STATE V STARDUST VICTIMS COMPENSATION TRIBUNAL 1987 ILRM 202

TORT NERVOUS SHOCK AER ANNUAL REVIEW 371

SREENAN, NERVOUS WHERE ARE WE NOW? 1990 GILS 49

Synopsis:

ACTION

Cause

Damage - Remoteness - Foreseeability - Wife - Shock - Traffic accident - Personal injuries - Husband and daughters injured - Gruesome injuries - Brain damage - Traumatic experience of wife - Personality change - Post-traumatic stress disorder - Whether wife entitled to damages - (1990/2370 P - Lavan J. - 30/3/93)

|Kelly v. Hennessy|

DAMAGES

Assessment

Shock - Accident - Personal injuries - Husband and daughters - Plaintiff wife - Post-traumatic stress disorder - Traffic accident - Gruesome injuries of husband and daughters - Depression and personality change of plaintiff - (1990/2370 P - Lavan J. - 30/3/93)

|Kelly v. Hennessy|

NEGLIGENCE

Damage

Remoteness - Motorist - Collision - Results - Personal injuries - Plaintiff's husband and daughters severely injured - Shock, depression and personality change of plaintiff wife - Post- traumatic stress disorder - (1990/2370 P - Lavan J. - 30/3/93)

|Kelly v. Hennessy|

Judgment of Mr. Justice Lavan delivered the 30th day of March 1993.

In this case the Plaintiff claims that on or about the 14th day of April 1987 the Defendant whilst driving his motorcar at Rathbeale Road, Swords in the County of Dublin his vehicle collided with a motorcar, the property of one Thomas Kelly, wherein the said Thomas Kelly and his two daughters were travelling and, as a result thereof, both Thomas Kelly and his daughters suffered severe personal injuries, loss and damage. In this case the Plaintiff, who is the wife and mother of the aforesaid, says that arising therefrom she was caused and permitted to suffer from injury, emotional distress and nervous shock which were occasioned due to the negligence and breach of duty of the Defendant at the said time and place.

The defence filed by the Defendants on the 11th of December 1990 is a straight traverse of the Plaintiff's claim. It concludes at paragraph 3 that if, which is denied, the Plaintiff suffered injury, emotional distress or nervous shock, as a result of negligence and breach of duty on the part of the Defendant, his servants or agents the same does not entitle the Plaintiff to recover damages in respect thereof.

The issue in this case is, therefore, the Plaintiff's entitlement to recover damages against the Defendant for nervous shock arising out of the injuries sustained by her husband and two daughters.

This Plaintiff is a 52 year old married woman. She has lived all her life at Rath, Ashbourne, Co. Meath. Having married her husband they had three children. Adrienne, born on the 17th of May 1961; Niall, born on the 19th of August 1964; and Shirley Ann, born on the 10th of January 1970. The family had a simple and happy life. The husband in the early years of marriage was a sales representative. Apart from work, their social life consisted of visiting and being visited by their neighbours and close friends.

Tragedy first touched this woman's life in 1979 when Niall, her only son, was killed in a motor cycle accident. Shortly there afterwards, the Plaintiff's husband set up in business with his brother-in-law as a market gardener.

On the 14th of April 1987, the Plaintiff's life was horribly and irretrievably traumatised. Her husband and two daughters had left home to travel to Dublin Airport for the purpose of collecting the Plaintiff's niece, who was arriving there on a flight from abroad. Some time after 9.30 p.m. that niece telephoned the Plaintiff and informed her that her husband and two daughters were seriously injured in a road traffic accident at Rathbeale Road aforesaid. As a result of that accident, the Plaintiff's husband and Sallyanne suffered horrific injury leaving both permanently brain damaged. Adrienne also suffered very severe injuries.

This Plaintiff immediately went into shock, became upset and commenced vomiting. She was taken to Jervis Street Hospital by her neighbours to see her family. I accept she was ill in the course of that journey....