Marie blast injured appeal partly upheld

The Court of Appeal partially accepted the appeal of an injured party, who had registered a lawsuit against the Republic of Cyprus, due to the injury he suffered from the explosion at the "Evangelos Florakis" naval base in Mari, Larnaca province, on July 11, 2011.

As stated in the court decision, on 11.07.2011, when the explosion occurred at the "Evangelos Florakis" Naval Base in Mari, the appellant was in the area of ​​the explosion and was injured while riding in a vehicle.

Therefore, the appellant claimed in the Larnaca District Court general and special damages, as well as loss of future income. In the meantime, in the context of admitted facts, which were stated before the Court of First Instance, part of the disputed issues were agreed upon, including the issue of responsibility for the appellant's injury, which the appellant accepted to bear in its entirety.

It is noted that in 2020 the Court of First Instance issued a decision in favor of the appellant and against the respondent, for the amount of €100.000, as general damages, which also includes the loss of future earnings, for the amount of €3.191, as special damages, with legal interest from the registration of the action until payment, legal interest on the amount of €80.000 from 11.7.11 until payment and legal interest on the amount of €20.000 from the day of the decision until payment.

In addition, it is noted that the amount of €100.000 is derived from €80.000 for pain and suffering and from €20.000 for loss of future earnings.

In the meantime, on March 6, after an appeal against the first instance decision, the Court of Appeal decided that "the appeal is partially successful" and issued a decision, by which the amount of €20.000, as a loss of future income of the appellant, is replaced by the amount of €60.000, with the first instance decision being varied accordingly.

However, it decided that the first instance decision remains as it is for the remaining issues, namely general damages, interest and costs.

The claimant had been injured on the day of the explosion in Marie and suffered permanent damage and loss and in particular suffered auditory trauma on the right and to a lesser extent on the left, with a loss of hearing in the higher frequencies and tinnitus.

In a review carried out on October 13, 2012, his condition was considered permanent and irreversible, while the tinnitus will continue, with the doctor recommending that he avoid exposure to loud noises.

Further, it is reported, the plaintiff relives the events, which are excruciating, since he was possessed by anxiety, isolated in his home and has no particular expectations for the future.

According to the decision, he has difficulties in falling asleep and maintaining sleep, concentration difficulties and excessive response to startle which did not exist before the incident, while according to the report of the medical board, all of the above and the continuation of the problems affected him personally, economic, social and professional life and in view of the time that has elapsed since the event, it is considered that the disorder is chronic.

It is noted that the plaintiff suffers from chronic post-traumatic stress.

Source: KYPE