Month: June 2016

Woman Awarded Compensation for being Hit by a Wing Mirror While Jogging

A woman has been awarded €134,000 injury compensation for being hit by a wing mirror of a van while she was out jogging in Mullingar with a friend.

Donna Woods and her friend were jogging along the Ballynacarragy to Mullingar road in January 2013, when Donna was hit by the wing mirror of a passing van. Donna suffered a fractured wrist in the accident, and also injuries to her right hand, elbow, shoulder and jaw.

Donna applied for an Injuries Board assessment of her claim for compensation for being hit by a wing mirror, but the driver of the van – Joseph Tyrell – refused to give his consent, and Donna was given an authorisation to pursue her claim in court.

Due to the potential value of the claim, the hearing was held at the High Court before Mr Justice Kevin Cross. At the hearing, Judge Cross was told that Donna – a forty-seven year old teacher from Mullingar in County Westmeath – had previously been a “very active lady”.

The judge also heard that on 22nd January 2013, Donna and her friend were jogging in the opposite direction to the traffic. A tractor and trailer had just passed them on the far side of the road, and they had seen Tyrell pull over onto the grass verge to give the tractor a wide berth.

The two women continued running, as they believed that Tyrell would drive back onto the road once the tractor had passed. However, Tyrell continued to drive along the grass verge – catching Donna with the wing mirror of his van and causing her injuries.

Defending the claim for compensation for being hit by a wing mirror, Tyrell argued that Donna has been at least partly responsible for her injuries by her and her friend running along the road two abreast and for failing to wear high visibility clothing.

Tyrell´s defence was dismissed by Judge Cross. The judge said that, had Tyrell rejoined the road once the tractor had passed, there would have been sufficient room for him to pass Donna safely. The judge also found that Donna had been wearing bright-coloured clothing on the morning of the accident.

The judge awarded Donna €134,000 compensation for being hit by a wing mirror, stating that Donna had suffered quite significant injuries that would prevent her from competing in physically demanding sports activities for a long time.

Court Awards Compensation for Defamation on Facebook

A Monaghan court has awarded the National Director of the National Association of Regional Game Councils €75,000 compensation for defamation on Facebook.

On or around 22nd December 2015, John Gilsenan from Castleblayney in County Monaghan posted defamatory comments about Desmond Crofton –  the National Director of the National Association of Regional Game Councils (NARGC) – on his Facebook page, suggesting that the actions of the National Director had caused the NARGC to “go broke”.

The defamatory comments were seen by other NARGC members, who raised questions about the leadership of the National Director, the organisation´s finances and its legal costs. The questions resulted in an unnecessary confrontation, with the outcome that Crofton was suspended from his position of National Director on full pay.

After seeking legal advice, Crofton – from Stonestown in County Offaly – made a claim for compensation for defamation on Facebook against Gilsenan. According to Crofton´s solicitor, Gilsenan had engaged in communication with his client soon after the claim was made, but had since “abandoned the matter”.

With the claim for compensation for defamation on Facebook remaining uncontested, the case went to the Monaghan Circuit Criminal Court, where it was heard by Judge John O´Hagan for the assessment of damages only. After hearing of the personal injury Crofton had suffered because of the defamatory comments, Judge O´Hagan awarded him €75,000 compensation for defamation on Facebook.

In his summing up, Judge O´Hara said he was awarding Crofton the maximum award of compensation for defamation on Facebook to “teach people posting messages on the social media site to be very careful”.