Month: June 2019

€40,000 Personal Injury Insurance for Man Injured in Car Accident

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.

Personal Injury Compensation Award of €30,000 Awarded to Daughter of Man who Died after being Expelled from Pub

€30,000 personal injury compensation High Court settlement has been awarded to the daughter of a man sadly passed away following a heart attack. Prior to suffering from the heart attack he had been thrown out of a late night bar.

The man in question, 39-year-old Paraic O’Donnell with an address at St Finian’s Close, Achill Sound, Achill, Co Mayo, had an underlying health problem before the episode. He had the heart attack as he was being brought to a Garda Station following being expelled from from Cox’s Latebar in Castlebar, Co Mayo, on June 6, 2012 for alleged threatening behaviour.

The man’s daughter, 12-year-old Edel O’Donnell took the legal action through her mother Claire Scahill, against the licensee of Cox’s, two security staff who threw him out ejected him, the Garda Commissioner and the Ministers for Justice and Finance.

Legal counsel for Edel, Conall MacCarthy BL, said it was a very sad and tragic case in which Mr O’Donnell was a patron of the bar and suffered from a chronic underlying condition when he was ejected from the premises and later had a heart attack which he died from.

During the case it was alleged that when he arrived at Castlebar Garda Station, Mr O’Donnell was not responsive. He was then rushed to hospital for treatment but sadly before this could happen he had died.

The licensee argued that reasonable force was used to eject him after Mr O’Donnell had engaged in violent and threatening behaviour towards the security staff.  The State parties denied the claims and said he caused and/or contributed to the matters which gave rise to his death.

The case against Cox’s and the security men was dismissed and the settlement offered was against the gardai and the ministers. Regarding liability legal advice provided was there may possibly be difficulties in proving liability as the licensee was acting within the law when Mr O’Donnell was ejected from the pub. The same issues were also in existence regarding liability against the State parties.

Mr Justice Simons said it was obvious from the case the public house discharged its duty of care and it was unclear what case would have been made against the State parties. He went on to say that he has no hesitation in approving the settlement sum of €30,000 negotiated.