The Supreme Court has increased to €164,480 an award of damages to a man who sustained a serious eye injury when his car struck cattle on a road in Co Sligo.
James Kenny had secured €94,480 damages from the High Court arising from the incident which occurred when he was driving his car at Rathlee, Easkey, on April 10th, 2000. The car had run into cattle owned by John Cowley and Mr Kenny later sued Mr Cowley, claiming the cattle had strayed and blocked the highway.
Lawyers for Mr Kenny had appealed to the Supreme Court against the amount of the award, claiming it did not reflect the seriousness of the injuries sustained.
In a reserved judgment yesterday, Ms Justice Susan Denham, with whose judgment Mr Justice Adrian Hardiman and Mr Justice Brian McCracken agreed, found there was an error in the level of damages awarded by the High Court.
The judge said the accident had essentially left Mr Kenny with a lost eye. Prior to the accident, he had had a 'lazy' left eye and depended on his right eye.
However, his right eye was damaged in the accident. He now has very limited sight in it and is dependent on the left one. In addition, he has double vision which affects his left eye and gives him dizziness, she said.
The judge said she was satisfied the High Court award was an error and €120,000 was more appropriate. She would also grant €40,000 for future loss of earnings. With agreed special damages of €4,480, this made €164,480.