AN APPARENT limit of €500,000 on the damages payable for pain and suffering in personal injury actions was contrasted by a High Court judge yesterday with a recent €10 million award for damage to reputation in a libel case.
Mr Justice Eamon de Valera remarked on the contrast when approving a €425,000 settlement for a young woman who suffered a brain injury in a road traffic incident. The judge said it seemed there was a cap of somewhere between €400,000 and €500,000 on damages for pain and suffering in personal injuries cases. The Supreme Court sometimes seemed to suggest there was no cap.
He said he had referred to the personal injuries figures when addressing juries but he wondered how those sums could be taken into consideration if damages to reputation could be worth €10 million.
However, while he had difficulty with the apparent limit in relation to personal injuries cases, it was there and he had to take it into consideration in this case.
He made the comment when approving the €425,000 settlement for Natasha Gartlan over an incident in November 2004 which occurred when she was aged 15 and travelling as a rear seat passenger in a car driven by Gavin Brady.
Ms Gartlan, Corrinty, Corduff, Carrickmacross, Co Monaghan, brought the proceedings against Mr Brady of Clonseady, Carrickmacross, and the Motor Insurers Bureau of Ireland over the incident, which occurred at Kingscourt, Co Cavan.
Liability was denied and the defence alleged contributory negligence by Ms Gartlan who, it was claimed, was not wearing a seat belt at the time.
Bernard Barton, counsel for Ms Gartlan, said a car driven by the uninsured defendant went out of control and crashed into a roadside ditch.
An application to have Ms Gartlan made a ward of court will be made later, counsel said. Ms Gartlan, he told the judge, had been unable to continue with her studies as a result of the injury and she suffered from short-term memory loss together with a decrease in concentration. She was receiving anti-epileptic treatment.
Mr Justice De Valera told Mr Barton that he had successfully negotiated an exceptional settlement in the case.