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Damages awarded to employee who suffered back injury

By: Cian McGoldrick BL

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High Court assesses damages in the case of a plaintiff who sustained a significant back injury at his place of work for the defendant, and makes a total award of €365,536.

High Court - personal injuries - plaintiff sustained significant back injury at his place of work for the defendant in April 2017 - onus of proof lay on defendant as wrongdoer to establish that the plaintiff had not taken steps to mitigate his loss - defendant failed to establish that the plaintiff had failed to take reasonable steps to reduce his loss - factual and expert evidence adduced led the trial judge to conclude that the plaintiff was incapable of employment - agreed net loss of earnings from April 2017 to December 2022 was €130,000 - award of €120,000 for future loss of earnings - plaintiff had undoubted serious limitation of movement and pain which surgery would not alleviate - general damages for past pain and suffering of €55,000 - plaintiff awarded sum of €55,000 for future suffering - plaintiff awarded total of €365,536.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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