Moynihan v Greensmyth

• Jurisdiction: Ireland
• Judgment Date: 17 June 1977
• Date: 17 June 1977
• Docket Number: [1969 No. 2136 P]
• Court: Supreme Court

(S.C.)

Moynihan

and

Greensmyth

Disability -Infant plaintiff - Negligence of deceased motorist - Survival of cause of action - Plaintiff's claim barred - Personal rights - Property rights -Civil Liability Act, 1961 (No. 41), ss. 8, 9 -Constitution of Ireland, 1937, Article 40.

In regard to actions for damages for negligence where the damages claimed include damages for personal injuries, it is enacted by s. 11, sub-s. 2(b), of the Statute of Limitations, 1957, that (subject to s. 49) an action shall not be brought after three years from the date on which the right of action accrued. Sub-paragraph (i) of sub-s. 2(a) of s. 49 enacts that where a person is under a disability (including infancy) on the date when such right of action accrued to him, the action may be brought at any time before the expiration of three years from the date when he ceased to be under the disability of died, whichever first occurs. Section 9, sub-s. 2, of the Civil Liability Act, 1961, provides, inter alia, that no proceedings shall be maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either (a) proceedings against him in respect of that cause of action were commenced within the relevant period and were pending at the date of his death, or (b) proceedings are commenced in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires. On the 6th August, 1966, a motor car driven by W.G. collided with part of a bridge at the side of the road on which it was travelling, and W.G. was killed. The plaintiff, then aged 16 years, was a passenger in the car and was injured in the accident, which was caused by the negligence of W.G. On the 5th August, 1969, the plaintiff (suing by her next friend) instituted an action in the High Court and claimed damages from the defendant in his capacity as personal representative of W.G. The defendant pleaded that the plaintiff's claim was barred by s. 9 of the Act of 1961, to which the plaintiff replied that s. 9 of that Act was invalid having regard to the provisions of Article 40, s. 3 of...