In the case of Kelly v Groupama the Plaintiff, who was an Irish citizen, was on holidays in France when he was struck by a local council vehicle. The plaintiff sustained severe injuries and was transferred from France to hospital in Dublin.
The Plaintiff brought his claim in the Irish High Court. The Judge in this case gave a very detailed analysis of the jurisdictional issues involved in the case. The Judge also heard evidence from a French Legal Expert assessing the amount of damages in the sum of €38,000. The High Court Judge found this amount was too low and awarded the Plaintiff the sum of €63,500 in general damage and the sum of €24,262 for his medical expenses.