Month: December 2013

Car Accident Passenger Injury Claim Resolved after High Court Hearing

A young woman, who was injured in a car crash that took the life of her friend, has resolved her car accident passenger injury claim after a hearing at the High Court.

On 23rd December 2008, Leah McVeigh was one of five teenagers who went for a drive in two cars outside the village of Drumkeerin. The first car was driven by 18-year-old Darragh Flynn and contained two of Leah´s teenage friends; while Leah was the sole passenger in the second car driven by 17-year-old John Williams – who had only received the car two weeks previously as a birthday gift.

Flynn and Williams raced each other for three miles on the outskirts of the village until Williams – attempting an overtaking manoeuvre on a bend – lost control of his vehicle, hit a grass verge and crashed into a parked lorry on the other side of the road. Williams was fatally injured in the accident, and Leah sustained a trauma to the head, a broken collarbone and was later diagnosed with PTSD.

As Leah was only 16 years of age at the time of the crash, her mother – Ethel McVeigh from Drumkeerin, County Leitrim – made a car accident passenger injury claim against Flynn and the insurance company representing Williams – Quinn Direct. A settlement of passenger accident injury compensation was agreed for €100,000; but neither Flynn nor the insurance company would accept liability for Leah´s injuries and the claim proceeded to court.

At the High Court in Dublin, Mr Justice Moriarty heard testimony from Flynn and the two other passengers who were present on the day on the crash. The judge commented that he believed the testimony given by Flynn and his male passenger to be “self-serving”, and felt that the evidence fiven by the second passenger – Fern Skelton – to be more accurate.

Mr Justice Moriarty found that Flynn was 22.5 percent liable for causing the crash in which John Williams died, and ordered him to pay Leah €22,500 of the compensation settlement. The balance of Leah´s car accident passenger injury claim will be paid by Quinn Direct.

Acupuncture Injury Compensation Claim Resolved in Circuit Civil Court

A judge at the Circuit Civil Court in Dublin has resolved an acupuncture injury compensation claim, made by a UCD student who had volunteered to participate in a Chinese medicine training course.

Judge Jacqueline Linnane heard how, in April 2010, forty-five year old Bernadette Poleon from Dunboyne, County Meath, volunteered to participate in a training course in acupuncture that was being held at the Irish Institute of Traditional Chinese Medicine in Dublin.

During the training course, one of the exercises involved a student inserting needles below each of Bernadette´s eyes. After being inspected by the course supervisor, the needle below Bernadette´s right eye was repositioned but later in the day, the skin surrounding Bernadette´s left eye became tender and swollen.

Within two days significant bruising developed around Bernadette´s left eye and, although the tenderness and swelling disappeared a few days later, the discolouring around Bernadette´s eye lasted a further seven weeks. Bernadette also developed a sinus problem, for which she is still receiving treatment from her GP.

After seeking legal advice, Bernadette made an acupuncture injury compensation claim against Bellfield Consultants Ltd who are the owners of the Irish Institute of Traditional Chinese Medicine. Bellfield Consultants Ltd denied their responsibility for Bernadette´s eye injury and made a full defence against the acupuncture injury compensation claim when court proceedings were issued.

However, before the case was to be heard before Judge Jacqueline Linnane at the Circuit Civil Court, the judge was informed that – by consent – the case was now before her for the assessment of acupuncture injury compensation only.

After hearing how Bernadette´s injury was acquired, and the embarrassment she had felt when explaining how her injury was sustained while the black eye was still visible, the judge awarded Bernadette €6,000 in settlement of her acupuncture injury compensation claim and costs.