The High Court awarded Cynthia Hussey €49,985.40 in damages for injuries from a 1999 car crash, after reducing the award by 40% for contributory negligence. The court found she should have made inquiries about whether the driver had been drinking before accepting a lift. It did not accept that her later lower-back problems were caused by that crash.
The judgment was delivered by Mr Justice Michael Peart on 18 January 2005. Liability for the crash was admitted, subject to the defendants’ allegation that Ms Hussey had contributed to her injuries by getting into the car when she knew or ought to have known the driver had consumed too much alcohol.
Ms Hussey was a front-seat passenger when the car, driven by the second defendant, went out of control at a bend and hit a lamp-post. She said she had not seen him drinking and did not think he appeared drunk. Garda evidence described him as very drunk about an hour after the crash, and the judge accepted that evidence. The judge found that Ms Hussey ought reasonably to have suspected he might have been drinking and should have made inquiries. He assessed her contributory negligence at 40%.
The court considered what injuries could be attributed to this crash, given that Ms Hussey was involved in a separate, single-car accident in June 2000. The judge found that her neck, shoulder and upper-back injuries were attributable to the 1999 crash. But he was not satisfied, on the balance of probabilities, that the 1999 crash caused the lower-back pain that later led to surgery. The judgment noted conflicting medical opinions and that some doctors had not been told about the second accident when they assessed her.
The judge also found an 18-month loss of career time reasonable, while acknowledging uncertainty about how her studies and employment might otherwise have progressed. He assessed €35,000 for past pain and suffering, €15,000 for future pain, €22,500 for net employment loss and €10,809 in special damages. The special-damages figure was accepted despite the court being unable to determine which expenses related only to the injuries attributed to the first crash.
The total before the contributory-negligence deduction was €83,309. After deducting 40%, the court entered judgment for Ms Hussey in the sum of €49,985.40.