O'Sullivan v Dwyer (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 15 May 1973
• Date: 15 May 1973
• Docket Number: [1966. No. 14 P.]
• Court: Supreme Court

(S.C.)

O'Sullivan

and

Dwyer (No. 2)

Damages consisting of aggregate of four distinct assessments - One assessment set aside on appeal and retrial directed - Other assessments affirmed on appeal - Whether plaintiff entitled to interest on affirmed assessments from date of judgment - Rules of the Superior Courts, 1962 (S.I. No. 72), Or. 28, r.11; Or. 41,, r. 6; Or. 42, r. 15; Or. 58, r. 21 -Debtors (Ireland) Act, 1840 (3 4 Vict. c. 105), ss. 26, 27.

The plaintiff claimed damages from the defendant for the injuries and loss suffered by the plaintiff as the result of an accident caused by the defendant's negligence. At the trial of the action in the High Court, the jury assessed the plaintiff's damages at £64,024 which sum was the total of four distinct assessments in respect of three classes of special damage and an award of general damages. The jury also apportioned to the plaintiff 40% of the fault for the accident and judgment was entered for the plaintiff in the sum of £38,414-40 (being 60% of £64,024). On appeal by the defendant, the Supreme Court directed a retrial on the issue of general damages but otherwise affirmed the order of the High Court. Shortly after the judgment in the appeal, the defendant paid to the plaintiff the sum of £17,414-40 being 60% of the aggregate of the...