French Road Accident Leads to High Court Award of €87,762.00

Peter Kelly, a 75 year old accountant and economist who sustained personal injuries when he was struck by a van in Cannes in France on the 16th June 2009 has been awarded €87,762.00 by the Irish High Court.
Mr. Kelly was struck by a van which was the property of the Municipality of Cannes. The van was reversed into collision with him, striking him on the right side and knocking him to the ground. He sustained a fracture of the head of his left femur. He was treated in a hospital in France and subsequently treated in St Vincent’s Hospital in Dublin.
Prior to the accident Mr Kelly was a fit and active man who walked 4 miles a day, cycled, played tennis and engaged in hill-walking. His injuries caused him considerable pain and discomfort for a number of months after the accident and he was unable to resume his hobbies of cycling, tennis and gardening.
Due to the necrosis he suffered in his hip he had to undergo a total hip replacement in November 2011. Mr Justice O’Neill held that it was unlikely that Mr Kelly would recover his pre-accident level of activity and that he was likely to experience some pain and discomfort in the future.
The Defendant was sued under the provisions of the European Communities Directive which is incorporated into Irish law under statutory instrument number NO.651 of 2003. The case therefore proceeded as an assessment of damages but with a difference to the normal assessment rules in Irish Law.
Regulation 864-2007 EC better known as ‘Rome: II’, came into force in January 2009 and introduced principles applicable to non-contractual obligations. This meant that the law applicable to the assessment of damages in the case was French law, the law of the place where the damage occurred. The Judge heard evidence from French legal experts in relation to how a French Court would assess damages.
The judge held however held that the choosing of the amount of compensation was a matter of Judicial discretion and that he was not bound by French law in assessing the appropriate levels of compensation. He held that he should apply Irish law and thus have regard to the level of compensation awarded in Irish Courts in respect of similar losses.
The Judge then proceeded to award specific sums under different headings to include pain and suffering, temporary disablement, disruption of activities, permanent non-pecuniary loss, aesthetic injury and sexual damage. In total the damages awarded came to €63,500.00 plus €24,262.00 being the agreed medical expenses in the case.