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High Court of Ireland Decisions
You are here: BAILII >> Databases >> High Court of Ireland Decisions >> Byrne -v- Ryan [2007] IEHC 206 (20 June 2007)
URL: http://www.bailii.org/ie/cases/IEHC/2007/H206.html
Cite as: [2007] IEHC 206
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Judgment Title: Byrne -v- Ryan Composition of Court: Kelly J. Judgment by: Kelly J. Status of Judgment: Approved |
Neutral Citation Number: [2007] IEHC 206 THE HIGH COURT [2003 No. 14595 P] BETWEENDANIEL BYRNE PLAINTIFF AND JOHN RYAN DEFENDANT JUDGMENT of Mr. Justice Kelly delivered the 20th day of June, 2007 This judgment must be read in conjunction with that delivered today in the case of Bridget Byrne v. John Ryan [2002 No. 15260 P]. The plaintiff is the estranged husband of Bridget Byrne. He brings this claim to recover the costs of rearing two children Danielle and Damien Byrne who were born subsequent to a failed sterilisation which had been carried out on his wife. In Bridge Byrne’s case I found in her favour on the question of negligence and awarded general damages in respect of having to undergo a second tubal ligation and for the pain, suffering and inconvenience involved in the pregnancy and birth of the two children. I declined to award damages for the costs of rearing the two children. For the reasons stated in my judgment in Bridget Byrne’s case I hold that there is no entitlement on the part of the plaintiff in this action to recover such damages either. Consequently this action is dismissed. |