The Court of Appeal (CoA) has reduced a damages award made in favour of a chef in a supermarket kitchen who was injured in a gas explosion from €93,000 to €63,000.
Last year, the High Court ruled that Agnieszka Zaganczyk's employer, John Pettitt Wexford Unlimited Co, and gas installers C&M Delaney Ltd, of Clonard, Co Wexford, should pay her over €90,000 in damages for injuries she sustained in an accident at the Supervalu supermarket, Customs House Quay, Wexford, on January 12th, 2020.
Ms Zaganczyk, a 47-year-old Polish national who lived in Pineridge, Wexford, suffered burns to her face, neck, ear, left hand and left forearm following the explosion.
She was out of work for several months, the court heard, and she also suffered from post-traumatic stress disorder (PTSD) as a result of the incident.
The matter had been before the High Court for an assessment of damages only, after liability had been admitted.
However, the defendants appealed the award, claiming the level of damages awarded were excessive, disproportionate and not in line with High Court guidelines on personal injuries awards.
In a written judgement, the three judge CoA, comprised of Mr Justice Seamus Noonan, Mr Justice Robert Haughton and Mr Justice Senan Allen, all agreed that the level of damages was excessive and should be reduced.
Giving the CoA's decision, Mr Justice Noonan said the High Court had erred in its approach to the assessment of the plaintiff's injuries, particularly her psychiatric injuries.
The High Court, he said should not have treated her PTSD injuries as being serious, given that both parties had agreed that that injury she suffered was 'moderate'.
To qualify for an award at the level given by the High Court, Mr Justice Noonan said that the plaintiff "would have to be suffering from significant disability for the foreseeable future" and, as already pointed, that was not the case in this instance.
General damages
While she did have PTSD, the court said medical evidence was given that 26 months after the accident that the plaintiff was no longer suffering from the condition or any other related disorder.
It was also agreed that many of the plaintiff's physical injuries, including scars, had cleared up in the weeks after the explosion occurred.
The judge added that the aggregate award in this case was €90,000 for general damages.
"I cannot accept that this is an appropriate sum to award a plaintiff who has recovered within three years," he said, adding that the award was disproportionate when the personal injuries guidelines are applied.
The CoA did not accept that the High Court had erred when it awarded the plaintiff €25,000 for scars she was left with as a result of the incident.
In the circumstances, the CoA was satisfied that the overall award of general damages should be reduced from €90,000 to €60,000.
The CoA said an agreed figure of €3,100 for special damages should remain undisturbed, bringing the adjusted total award for the plaintiff to €63,100.
