Sheridan v McCartan

• Jurisdiction: Ireland
• Judge: Ó Dálaigh C.J.
• Judgment Date: 04 May 1967
• Neutral Citation: 1965 WJSC-SC 1078
• Docket Number: 108/1966
• Court: Supreme Court
• Date: 04 May 1967

1965 WJSC-SC 1078

THE SUPREME COURT

Ó Dálaigh C.J.

Haugh J.

Budd J.

108/1966

Sheridan v. McCartan

SHERIDAN

v.

MCCARTAN

Ó Dálaigh C.J.

1 This is an appeal against a Jury's award of damages for personal injuries and loss on the ground that it is excessive.

2 The plaintiff was injured while working as a domestic servant in the defendant's home on 25th June, 1964 in circumstances which, it was admitted, rendered the defendant answerable on damages

3 The plaintiff claims a sum of £5,000 for damages and the defendant lodged a sum of £2,750 with his defence. The Jury's verdict was for £6,654.10.Od. of which a sum of £560 might not unreasonably be allocated to special damages for loss of wages, thus leaving a figure Of about £6,100 for general damages.

4 The plaintiff who was 18 years at the date of the accident sustained an adducting fracture of the left ankle. The fracture was reduced and the ankle was put in plaster on 2nd July. After 7 weeks she was discharged from hospital and the plaster was removed, 5 or 6 weeks later on 22nd September, Early in 1965 on medical advice she began to exercise her foot by cycling and dancing. Her danoing was weekly and she found she could participate in every second dance. She walks with what was described as a bit of a limp.

5 The medical evidence given on her behalf indicated that arthritis had set in in the Injured joint, that it would be progressive and that in a matter of years -anywhere between 2 and 15 - she would probably have to have the joint fused. There is some limitation of movement in the ankle. The plaintiff has intermittent pain - which arises from movement, but it does not cause any loss of sleep.

6 If she engages In domestic work she requires to rest from time to time. Apart from her domestic work she has had some experience as a shop assistant

7 The criterion which this Court applies In re-examining a jury's assessment of damages, as laid down inFoley V. Thermocement 90I.L.T.R. 92 involves the application of a subjective test for the individual Judge; and the Court is often confronted with a difficult task. In my opinion this is a clearer case than most cases that come here for revision.

8 The individual judge in forming his opinion will have regard to other cases which are in a general way comparable to that before him but be careful not to overlook that each case must turn on its individual facts. Applying the test laid down in Foley...