Moran v Leitrim County Council

• Jurisdiction: Ireland
• Judge: Mr. Justice Barron
• Judgment Date: 01 January 1985
• Neutral Citation: 1985 WJSC-HC 582
• Court: High Court
• Date: 01 January 1985

1985 WJSC-HC 582

THE HIGH COURT

MORAN v. LEITRIM CO COUNCIL

(CIRCUIT APPEAL)

MICHAEL T. MORAN

.v.

THE COUNTY COUNCIL OF THE COUNTY OF LEITRIM

Citations:

BOYD V ANTRIM CO COUNCIL 1941 NI 127

MALICIOUS INJURIES ACT 1981 S5(2)(b)

MALICIOUS INJURIES ACT 1981 S5(2)(d)

MCDOWELL V DUBLIN CORPO 1903 IR 541

PEOPLE V MURRAY 1977 IR 360

Synopsis:

MALICIOUS INJURIES

Motor car

Driver - Unauthorised and inexperienced - Incompetent and eratic driving - Car driven into applicant's vehicle - Applicant claiming compensation for damage to his vehicle - Whether driver had acted wantonly - (Ct. App. - Barron J. - 25/10/84). Moran v. Leitrim C.C.

WORDS & PHRASES

"Wantonly"

Malicious injuries - Compensation - Motor car - Car driven by unauthorised and inexperienced youth - Applicant's property damaged - Whether driver had acted wantonly - (Ct. App. - Barron J. - 25/10/84).

Moran v. Leitrim C.C.

1 Judgment of Mr. Justice Barron delivered the 25th day of October 1984 .

2 The facts which I find are as follows:

3 On the 3rd of November, 1982, Gerry Reilly, a youth of 17, took his brother's motor car without his brother's consent from a car park in Drumshanbo and drove off in that car with a boy aged 16 as his passenger. The car had to his knowledge been bought by his brother a week previously for the sum of £60. He himself had no licence and had never driven a car before. His sole experience was that he had watched others drive. He drove in all about 100 yards through the town before he came upon a sudden fork in the road and while attempting to take the left fork failed to negotiate the bend; crossed the road, crashed into the boundary wall and then crossed the road forming the right fork; and finally crashed into the applicant's car. The speed at which the car was being driven was at all times very fast and excessive for the nature of the streets through which it passed. He so drove for the purpose of impressing his passenger.

4 On these facts, it is clear that the accident arose as the result of a number of causative factors. These were: the inexperience of the driver, that he was showing off to his passenger, the high speed at which the car was driven, and the nature of the streets which would not permit a car to be driven at that particular speed. It is alleged that the brakes were defective, unknown to the driver, and that this fact was not discovered by him until the emergency arose. Even if this was to be accepted, I am satisfied that the accident would still have occurred for the reasons which I have indicated.

5 The applicant relies upon the provisions of Section 5 (2) (b) and Section 5 (2) (d) of the Malicious Injuries Act, 1981. In relation to the latter provision he submits that since the owner of the car being used without his consent would be entitled to recover in respect of damage to it, then the owner of any property damaged as a result of such car crashing into it should also be entitled to recover, since all the damage arises in the same circumstances. If the Oireachtas had wished to extend the provisions of Section 5 (2) (d) to property other than that against which the crime was being committed it could...