201702.25
0

Judge Awards Woman Compensation for an Injury in a Taxi Accident

A woman, described in court as a talented musician, has been awarded compensation for an injury in a taxi accident that prevents her practising the violin.

On March 8th 2012, the woman – a thirty-three year old musician from Ardnacrusha in County Clare – was a passenger in a taxi when it was rear-ended on Wexford Street in Dublin by another taxi. The woman suffered pain in her neck and right shoulder as a result of the accident and was prescribed painkillers for her injury by her GP when she sought medical attention the following day.

When the woman applied to the Injuries Board for an assessment of her claim, the negligent taxi driver accepted liability for causing the accident and her injuries. However, the amount of the assessment was rejected by the woman, who claimed the proposed settlement of compensation for an injury in a taxi accident did not reflect the full consequences of her injury.

The Injuries Board issued an authorisation for the woman to pursue her claim in court and, at the Circuit Civil Court in Dublin, Mr Justice Raymond Groarke heard how the pain in her right shoulder prevented the woman from practising her violin several hours a day. He was also told by the defendant´s insurance company that her injury was unrelated to the “insignificant” collision between the two vehicles.

Judge Groarke admitted that the medical evidence in the case was “very conflicting” and that on the balance of probabilities the woman had likely made a full recovery from her injury. However, while concluding that the injuries from the accident were “not particularly serious”, the judge acknowledged that the woman needed a perfect shoulder to practise her violin and as such it was an exceptional case.

Judge Groarke awarded the woman €25,000 compensation for an injury in a taxi accident, stating he accepted the plaintiff´s belief that the discomfort she suffers is related to the March 2012 accident.

201511.10
0

Flight Attendant Claims Compensation for Injuries during a Landing

An Air Lingus flight attendant has given evidence at the High Court in support of her claim for compensation for injuries during a landing at Dublin Airport.

On 19th November 2009, Cassandra Reddin from Ratoath in County Meath was a flight attendant on flight EI582 from Malaga to Dublin. As the Airbus 320 approached Dublin Airport, the plane started swaying from side-to-side and, on landing, bounced three times before coming to a halt much further along the runway than it normally would.

The rough landing caused the overhead luggage lockers to open, and luggage to fall on top of passengers; who – according to Cassandra´s testimony yesterday at the High Court – were screaming in fear. “Safety documents shot out of their pockets; duty free broke in the overhead baggage and alcohol leaked into the cabin. There was a degree of chaos and stress on board,” she told Mr Justice Michael Hanna.

Cassandra told the court that the rough landing had left her shaken up emotionally and physically. Claiming that she had suffered shock due to the incident, and had cried the whole evening when she had got home, Cassandra also alleged that she had suffered soft tissue neck and back injuries similar to whiplash – subsequent to which she sought legal advice and claimed compensation for injuries during a landing at Dublin Airport.

Aer Lingus contested Cassandra´s claim for compensation, and her allegations that the rate of descent just prior to landing was three to four times what it should have been. The airline also disputes claims that the co-pilot was negligent in failing to adequately supervise the landing on the plane. Consequently, when Cassandra applied to the Injuries Board for compensation for injuries during a landing, Aer Lingus refused to give its consent for the assessment to proceed.

The hearing at the Four Courts continues tomorrow.

201511.07
0

Judge Awards Multiple Compensation Settlements for an SUV Accident

A judge at the Limerick Circuit Court has awarded multiple compensation settlements for an SUV accident in which a driver and three passengers were injured.

Mary O´Reilly was driving her husband´s SUV from Charleville in County Cork to Rathkeale on 18th October 2011, when the vehicle was rear-ended by a rental van driver by Rathkeale resident Jeremiah O´Brien. Several days after the accident, Mary and her three female passengers started to experience pain from soft tissue injuries they had sustained in the accident.

The four women claimed injury compensation from the driver of the rental van, the company from which it had been hired – Enterprise Rent a Car – and the Motor Insurers Bureau of Ireland (MIBI). Mary´s husband – William O´Reilly – also claimed compensation for the property damage to his SUV –

Enterprise Rent-a-Car and MIBI contested the claim on the grounds that the circumstances of the accident did not stand up to scrutiny. The defendants alleged that Jeremiah O´Brien and William O´Reilly were known to each other, and that when the Gardai attended the scene of the accident, no property damage was recorded.

As consent for the Injuries Board to assess the compensation settlements for an SUV accident was denied, the case went to Limerick Circuit Court, where it was heard by Judge Karen Fergus. Judge Fergus was told that, although William O´Reilly´s parents had lived near Jeremiah O´Brien´s parents, the two men had only met once before.

Judge Fergus also heard about the various injuries that had been sustained by Mary and her passengers, and that one of the passengers – Lisa O´Reilly had already settled her claim out of court. The judge awarded multiple compensation settlements for an SUV accident to Mary O´Reilly (€7,500), Caitriona McDonagh (€10,000) and Breda McCarthy (€12,000). William O´Reilly was also awarded €4,800 for the property damage to his SUV.

201502.13
2

Passenger Whiplash Compensation Claim Settled in Court

A passenger whiplash compensation claim has been settled at the Circuit Civil Court with an award of €10,000 to a man who was injured in his aunt´s car.

John Connors (20) was a passenger in his aunt´s car when it was involved in an accident on Kiltipper Road in Tallaght on 2nd December 2010. John – who was fifteen years of age at the time of the accident – was treated at the Tallaght Hospital for soft tissue injuries caused by whiplash, and he returned to the hospital on four or five more occasions to receive physiotherapy on his neck and back.

As John was too young to represent himself, his father made a passenger whiplash compensation claim on his behalf against the driver of the car in his he was a passenger – John´s aunt, Bridget Connors. Bridget Connors admitted liability for the accident, but John´s father was not satisfied with the assessment of the passenger whiplash compensation claim by the Injuries Board.

The Injuries Board issued an authorisation for the claim to be heard in court, and the case went before Mr Justice Raymond Groarke at the Circuit Civil Court for his assessment of damages.

As the passenger whiplash compensation claim was before the judge for the assessment of damages only, John was asked about any long-term consequences he had suffered as a result of the car accident. John replied that the injuries to his neck and back had healed, but that he suffered from an unrelated liver condition that meant he would age prematurely

Judge Groarke awarded John €10,000 compensation in settlement of his passenger whiplash compensation claim and the costs of bringing his legal action to court. The judge commented that there was doubt that John had suffered soft tissue injuries to his neck and back as a result of the accident and that liability for the accident had not been contested.

201411.26
0

Actress Resolves Whiplash Injury Claim Out of Court

A former soap actress, who alleged she had been injured while filming a scene for “Fair City”, has resolved her whiplash injury claim against RTE out of court.

Rebecca Smith from Killiney, County Dublin, made the whiplash injury claim against the television company after allegedly sustaining soft tissue injuries in November 2008. Rebecca – who played the character of Annette Daly – was being filmed while a passenger in a car which was driven by a stuntman employed by RTE.

During the filming of the driving sequence, the stuntman was required to brake sharply on several occasions – throwing Rebecca forwards and backwards in the passenger seat. Rebecca claimed in her action that, immediately after shooting the scene in the Mount Merrion Church area of Dublin, she felt pain in her neck and upper back.

The actress was taken to a VHI Swiftcare Clinic but the pain subsequently extended down her right arm and into her fingers. Rebecca claims that she had difficulty moving her neck for a week after the incident and experienced sleeping problems because of the constant tingling in her right arm and pains in her neck. Her injuries, she claimed, disabled her for working for a week.

Rebecca stated in her whiplash injury claim that RTE had been negligent by failing to use a stunt double to film the scene and that the television company had failed to ensure her safety. RTE disputed Rebecca´s claims, and Rebecca was issued with an Authorisation by the Injuries Board to pursue her whiplash injury claim in court.

However, at the Circuit Civil Court in Dublin, Rebecca´s barrister told Mr Justice Raymond Groarke that the actress had settled her whiplash injury claim against RTE for an undisclosed amount and that the court could strike out the action.

201211.09
0

Go-Karting Accident Compensation Awarded to Neck Injury Victim

A woman, who sustained neck injuries due to a rear-end crash on a go-karting track, has been awarded more than 9,000 Euros in go-karting accident compensation at the Circuit Civil Court.

Karen Wimpory (31) from Maidenhead in Berkshire was visiting Dublin in March 2009 with friends on a hen weekend when, as part of the celebration, she and her friends decided to try their hand at go-kart racing at Kylemore Indoor Karting racetrack.

Having signed a disclaimer which carried a warning that motor sport could be dangerous and “in the absence of any negligence on the part of the company” she was participating entirely at her own risk, Karen watched a safety video before climbing into her go-kart for a four-circuit warm-up.

It was at the end of this warm-up, Karen claimed, that she and other racers had been forced to brake abruptly because a race marshal had stepped on to the track. Although Karen was able to stop in time, another driver had crashed into the back of her kart, pushing her neck and shoulders backwards and leaving with neck injuries similar to whiplash.

After seeking legal advice, Karen made a claim for go-karting accident compensation against Grovepark Services Ltd., which trades as Kylemore Karting, alleging that her neck injuries were attributable to the negligence of the company. Grovepark Services denied that they were liable and the claim proceeded to court.

At the Circuit Civil Court, Mr Justice Matthew Deery heard that although Karen had watch the safety video and signed the disclaimer before commencing her warm-up, there had been no instruction given about what to do when traffic warning lights on the racetrack were illuminated.

Judge Deery was also told by racetrack designer Stewart Cosgrave and race controller Denis Gaffney that, although it was improbable that a race marshal would walk onto the circuit in front of karts travelling in excess of 20 miles per hour, the marshal in question had since died in a road traffic accident and would be unable to provide evidence.

After hearing evidence from forensic engineer Pat Cullerton that the karts did not have headrests or neck restraints fitted, and that novice karters should have also been instructed to sit at full extension when driving, Mr Justice Matthew Deery found in Karen´s favour and awarded her 9,064 Euros in go-karting accident compensation plus costs.

201206.18
0

Insurers to pay Aggravated Damages for Whiplash Claim

An insurance company has been ordered to pay aggravated damages in a whiplash claim for compensation after failing to pursue allegations of collusion against the claimant.

Mr Justice Matthew Deery made the order against the AXA insurance company after it had accused the injured victim of a rear-end accident – James O’Sullivan, of Clane, County Kildare – of colluding with a defence witness in order to support his compensation claim for a whiplash injury.

The judge heard how the negligent driver in the case – Gary Reilly, of Ballyfermot, County Dublin – had sworn an affidavit concerning the events of September 27, 2008, when Reilly´s taxi rear-ended O´Sullivan vehicle in Eirhouse in County Dublin.

However Mr Justice Matthew Deery said that the allegation had not been pursued at the hearing and directed that AXA and Reilly pay aggravated damages of 3,000 Euros to O´Sullivan for the manner in which they had defended the whiplash injuries claim in addition to the award of 7,750 Euros for whiplash injury.

201103.12
0

Whiplash Victim Receives Almost 16,000 Euros Compensation

A man, who claimed that injuries from a head-on car crash affected his weight loss program, has been awarded almost 16,000 Euros compensation.
Circuit Court president Mr Justice Matthew Deery heard how Declan O’Hora (45) of Blessington, County Wicklow, had suffered injuries to his neck and shoulders following a road traffic accident in October 2008.
These injuries, it was claimed, prevented Mr. O’Hora from continuing with swimming exercises designed to assist with a weight loss problem, and had also been responsible for the development of sleep apnoea – a condition where the sufferer experiences abnormal pauses in breathing while sleeping, leading to daytime sleepiness and fatigue.
As liability had been conceded by the negligent driver – Brian Duggan of Knocklyon, County Dublin – the only issue to be determined was the amount of personal injury compensation to be awarded. This was set by Mr Justice Matthew Deery at just under 16,000 Euros.

201101.21
0

Children´s Whiplash Award Approved for 56,000 Euros

Circuit Court President Justice Matthew Deery approved an award of 56,000 Euros for whiplash injuries suffered by three siblings, after hearing how their mother´s car had been rear-ended in an accident which occurred in January 2007.

Rachael Hopkins (9) and her brothers Daniel (10) and Thomas (7) from Broadford, County Kildare, had been passengers in a car driven by their mother Jennifer, when it was hit from behind by Ms Monica Carney of Lucan, County Dublin.

In an action brought through the children´s father, Thomas Hopkins, the court heard how the children had received treatment for recurrent and protracted symptoms of their injuries from the family GP and a specialist consultant.

The injuries had been more problematic for the two brothers, Daniel and Thomas, who were each approved a settlement of 20,000 Euros. A settlement of 16,000 Euros was approved for Rachael Hopkins, and the compensation award will remain invested in court funds until they are 18 years of age.