The Court of Appeal has overturned a €83,000 damages award for nervous shock made to an ESB network technician who came across a 10,000 kilovolt electric cable while repairing a street light.
The ESB appealed, and the core issue was whether damages can be recovered for “nervous shock” where there is no sudden calamitous event but rather an appreciation that physical injury had been narrowly avoided and which appreciation leads to psychiatric injury. Mr Harford claimed he was caused to handle and be exposed to a 10,000kv electric cable and suffered a medically recognised psychiatric injury that is ongoing.
The reference by the trial judge, Ms Justice Bronagh O’Hanlon, to Mr Harford being directly exposed to live electric cables, insofar as that was intended to convey he was at risk of electrocution, was “incorrect”, Mr Justice Noonan said.