| Contributory negligence and personal injury |
The Supreme Court has upheld the decision of the High Court in the case of Hussey Vs Twomey, reducing the damages payable to Ms Cynthia Hussey from €83,000 to €50,000 for lower back injuries sustained in an accident while she was a passenger in a car driven by someone she knew, or should have known was intoxicated.
The High Court held that it was reasonable to reduce the compensation payable by 40% on the basis of contributory negligence saying that the passenger knew or ought to have known that the driver was incapable of driving safely, or had a reduced capacity to control the vehicle.
The Supreme Court upheld this decision on appeal. Mr Justice Nicholas Kearns said that any tolerance towards intoxicated drivers or passengers is very much a thing of the past”. |
