McGuinness v Motor Distributors Ltd

• Jurisdiction: Ireland
• Judge: O'Flaherty J.
• Judgment Date: 17 July 1997
• Neutral Citation: 1998 WJSC-SC 2461
• Court: Supreme Court
• Docket Number: (331/96)
• Date: 17 July 1997

1998 WJSC-SC 2461

THE SUPREME COURT

O'Flaherty J.,

Murphy J.,

Lynch J.,

(331/96)

MCGUINNESS v. MOTOR DISTRIBUTORS LTD

AN CH ÚIRT UACHTARACH

BETWEEN

JAMES McGUINNESS

Plaintiff

.v.

MOTOR DISTRIBUTORS LIMITED AND TONY KELLY CAR SALES LIMITED

Defendants

Citations:

LAWLESS V BUS EIREANN 1994 1 IR 474

MCCAULEY V MCDERMOT 1997 2 ILRM 486

STEIFTUNG V RAYNER & LELLER LTD (NO 2) 1967 1 AC 853

Words & Phrases:

C

Subject Headings:

*

1 Judgment ( ex-tempore) delivered on the 17th day of July, 1997, by O'Flaherty J. [NEM DISS]

2 We have heard very interesting and succinct submissions by counsel on both sides but we have reached a clear decision on the matter, and so do not find it necessary to reserve judgment in this case. It is well in view of the antiquity of the proceedings, that we should bring finality to them.

3 To describe the parties to these proceedings: James McGuinness is the plaintiff and the defendants are Motor Distributors Limited and Tony Kelly Car Sales Limited. It appears that Mr. McGuinness had bought a vehicle from Motor Distributors Limited in the year 1981. Tony Kelly Car Sales Limited do not come into this case at all, they were simply the sales people. As I understand the situation, Motor Distributors Limited assume identity of interest with them; therefore, we can concentrate simply on Motor Distributors Limited as being the only essential party on that side of the litigation.

4 On the 18th April, 1982, the vehicle in question, which appears had been converted to some sort of bus adapted to carry passengers, was being driven by a Mr. McDevitt at Derrybeg, near Killybegs, Co. Donegal. The vehicle went down a hill and collided with the parapet of a bridge. A considerable number of people were injured, one we understand fatally. An action was then brought by Miss Anne Devaney in the local Circuit Court in which she sued Mr. McGuinness as the owner of the vehicle and his driver. Then in December, 1986, Motor Distributors Limited were joined as third parties.

5 From a perusal of the papers we would gather that the case made against Motor Distributors by the present plaintiff was that the vehicle had defective brakes and that the adaptation of the seating arrangements was also causative of the accident. The learned Circuit Court judge, Judge Sheehy resolved both those issues against the present plaintiff. He held that the brakes had nothing to do with it. The evidence of the PSV inspector corroborated that they were in good condition and while there was some evidence that the seating had become loose he held it had not anything to do with the accident either. He awarded the plaintiff in those proceedings, £8,500 damages against the then defendants in those proceedings, who include the present plaintiff. A notice of appeal was served. The matter was listed for hearing before the High Court (Mr. Justice O'Hanlon) on the 24th October, 1989. By consent the proceedings were dismissed and the Circuit Court order was affirmed.

6 These present proceedings, it appears, were in being concurrently with the matters that were taking place in the Circuit Court and on appeal to the High Court. When these present proceedings got into the list in the High Court, a preliminary question was set down for determination,...