Courts / Galway / Report

Man struck head-on by relative is entitled to compensation, court finds

Date
2020-05-29
Stage
Appeal
Primary locality
Galway
County
Galway

Summary

In a High Court decision, Gerard Mongan was awarded €35,500 in compensation after being struck by a car driven by his former son‑in‑law, Martin Mongan, on 16 June 2013 outside Mongan's home in Renmore, Galway. The incident followed an argument, and Mongan claimed the vehicle was used as a weapon. The Motor Insurers Bureau of Ireland (MIBI) appealed a lower court ruling that Mongan was entitled to damages, arguing no liability because the driver had not been negligent. The High Court dismissed the appeal, finding that Martin Mongan had driven deliberately and negligently, and that the MIBI was liable under Irish and European law. The judge noted that Mongan's evidence was unconvincing and that the car was indeed driven straight at him, constituting a direct attempt on his life. The court therefore upheld Mongan's claim for damages.

Who, what, where, when and why

What: Report matter: Man struck head-on by relative is entitled to compensation, court finds. Procedural stage: appeal

When:

Why: The MIBI had claimed it had no liability because the uninsured driver had deliberately used the car as a weapon and the injuries had not been sustained as a result of negligent driving by Martin Mongan. CNI source report

Case subjects

Gerard Mongan

Applicant

Places mentioned

Court Venue
  • The High Court
  • Galway
  • Galway Circuit Court
Incident

Topics

Stage Appeal

Related court reports

Read the original CNI report

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