The mother of a man killed in tragic circumstances when he was only 25 years of age when flight AF447 from Rio De Janeiro to Paris went down and crashed in the Atlantic Ocean on the 1st June 2009 has been awarded damages by the High Court.
The Plaintiff came to reside in Ireland in 2005 and her son joined her the following year. As a result of her son’s tragic death the Plaintiff experienced tremendous sadness, upset and lost the support which he used to give her in the course of her day to day activities.
The Plaintiff sought damages against the airline Societe Air France. As part of her claim for compensation she sought a sum for loss of dependency. The Judge, having heard the evidence and having expressed her sympathies with the Plaintiff on the tragic loss of her son, awarded sums in respect of the various categories of her claim as follows:-
| Holidays | |
|---|---|
| €7.00 per week x 790 | €5,530.00 |
| Household Services | |
| 7 hours per week at €8.60 per hour x 790 | €47,834.00 |
| Travel | |
| €20.00 per week x 790 | €15,800.00 |
| Solatium – Maximum Amount for Mental Distress Allowed | |
| Amount | €25,400.00 |
| TOTAL AWARD | €94,564.00 |
From that sum the Judge deducted the sum of €17,600.00 plus interest which was the sum paid out already by Air France.
The decision of The High Court in this case confirms that proceedings seeking damages for loss of dependency, anxiety and distress can be brought in The High Court in Dublin pursuant to the Montreal Convention and European Law.
