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Personal Injury Special Damages
The recent case Walsh / Tesco Ireland Limited 2016 IEHC 322 resulted in the awarding of an award of EUR 1.4 million to the complainant and is of interest to the extent that the Court examined in detail the general and special damages . The judgment was rendered by Barr on May 6, 2016. For the purposes of this position, we have used extensive excerpts from the judgment as reported on the courts' website. The Applicant was 48 years old and operated a stud farm with her husband in County Clare. On August 28, 2012, she slid grapes onto the floor of the defendant supermarket in Kilrush, Co. Clare. As a result of the fall, she suffered a lower back injury. According to the Applicant, following the fall, she suffered a serious back injury that required extensive surgery and other treatments, which resulted in the insertion of a spinal cord stimulator on her back in 2015. The complainant also suffered serious injuries. to his bladder psychiatric sequelae. Although the defendant acknowledged that the plaintiff had suffered material injury, it did not accept that in the absence of the accident, his reinstatement to management in 2018 was realistic because of commitments to the home and at home. at the farm. Among the points to be debated between the parties were a medical / future care claim, the costs of the aids and devices, and the actual rate of return that should be used to calculate the appropriate multiplier to use for the different heads of future loss. On August 28, 2012, the Applicant slipped grapes into the Defendant Supermarket and, when the ambulance arrived, the Applicant was attached to a spine. She was taken to the Accident and Emergency Department of Ennis General Hospital. She was later transferred to the Limerick Regional Hospital. The Applicant stated that she was in great pain at that time. The applicant was released from the hospital on crutches. She stated that she had very severe pains at that time in her back and legs. She also had tremors and was on a lot of painkillers. The applicant was admitted to Mater Hospital on 25 February 2013 and was operated on. The Applicant stated that at the beginning, after the operation, there was a considerable decrease in her symptoms, but gradually the pain
