A High Court judge has taken into account damages recovered by a plaintiff for injuries on three previous occasions in deciding to grant €35,000 in damages for his fractured wrist.
Mr Justice Tony O’Connor said past general damages recovered by Jason McCarthy, totalling €44,550, had “some minimal relevance” when applying the proportionality exercise in determining the value of this case.
The judge was satisfied Mr McCarthy (36) did trip and fall, as claimed, over a protruding “lip” on the pavement outside his father-in-law’s home in Gracedieu, Waterford City, on February 1st, 2015.
