Award for Injuries Suffered in Falling Lift was Disproportionate to 'Maximum' Award of General Damages

Mark Tottenham, BL, Decisis

September 15, 2022

Meehan v Shawcove Ltd [2022] IECA 208 (Court of Appeal (civil), Noonan J, 8 September 2022)

The Court of Appeal allowed an appeal from award of €375,000 general damages in the High Court, where the plaintiff had suffered multiple injuries in a lift that had plummeted three floors, and substitutes an award of €250,000, on the grounds that: (a) the so-called 'cap' on general damages of €500,000 was actually the maximum that could be awarded, and other awards should be proportionate; and (b) despite the seriousness of the injuries suffered by the plaintiff, he had made a good recovery and return to employment, so that the award in the High Court was excessive given the comparison with injuries of a catastrophic nature.

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