O'Doherty v Callinan (Approved)

1.������ This appeal, brought by the defendants in a personal injury action, relates solely to the part of the judgment and order of the High Court (Reynolds J.) awarding the plaintiff �250,000 in damages for future loss of earnings. The judgment of Reynolds J. ( [2018] IEHC 14 ) was delivered on 12th January, 2018 and the order was perfected on 19th January, 2018. The defendant appealed, but I will refer to the parties throughout as the plaintiff and defendant.

2.������ The plaintiff sought damages in the High Court for personal injuries, loss and damage sustained as a result of a road traffic accident which occurred on 14th June, 2014. The action proceeded by way of assessment of damages only, as liability had been conceded by defendants.

4.������ On 24th March, 2015, the plaintiff met with an orthopaedic surgeon and underwent the first of three procedures under anaesthetic in an attempt to alleviate the ongoing coccygeal pain. Despite receiving a further two injections, she remained in constant pain.

5.������ On 23rd December, 2015, the plaintiff met with a consultant spinal surgeon who opined that coccydynia is �a notoriously difficult condition to treat� and, following a clinical examination and MRI scan, revealed that she had a prominent coccyx with tenderness at its tips, as well as some instability of the sacrococcygeal disc. It was made clear to the plaintiff that while surgical intervention was an option, it was contra-indicated at that time as one of the associated risks was double incontinence.

7.������ Evidence was given by the principal of the school in which the plaintiff had worked before the accident. The main features of her evidence are summarised in the submissions set out below.