A man has been awarded just under €40,000 damages in the Circuit Civil Court in relation to a car accident that occurred as he had been driving to work via the M50 on December 21 2015
Kieran Brennan of Monastery Road, Clondalkin, Dublin 22, told Circuit Court President, Mr Justice Raymond Groarke that he was stopped at the Northwood exit when he was struck from behind by a vehicle driven by Dylan Duffy.
He told his barrister, Fiona Pekaar that he had, a first, sustained shoulder and neck pain but this had soon resolved. Brennan said he had been left with constant lower back pain that had prevented him from taking part in the same standard of active lifestyle he once had, including being unable to participate in a similar amount of marathon running and soccer matches as he had before the accident occurred.
Medical evidence was presented to show that Brennan had a pre-accident degenerative condition. However Judge Groarke said that that condition had not been an issue before the accident and he believed it had been triggered by the M50 incident.
The Judge, in delivering his ruling, said Mr Brennan had been suffering with a bulging disk in his back and although most medical reports had indicated this had not been due to the accident, he could not ignore the report that suggested it had been a one of the outcomes of the accident.
Legal representative for the defendant referred to the fact that Mr Brennan had taken part in the ‘Hell and Back’ adventure race in Bray, Co Wicklow in October 2016 which was a difficult assault course involving various activities and obstacles to be overcome.
However, Judge Groarke said Mr Brennan still participates in a number of marathons and plays soccer once a week and the court did not believe his level of physical activity was at the same level as it had been prior to the accident occurring.
Judge Groarke said he was sympathetic to Mr Brennan and awarded him general damages of €35,000 and special damages of €4,424.82 against Mr Dylan Duffy, however a stay was granted on his award on condition Mr Brennan was paid out €20,000.