The High Court awarded Lorna Bentley €80,550 after a 2016 road traffic accident in which her car was struck from behind on Drumcondra Road, Dublin. Liability was not in issue.
In a judgment delivered on 19 December 2018, Mr Justice Barr awarded €30,000 for pain and suffering to date and €45,000 for future pain and suffering. He added €5,550 in agreed special damages.
The judgment said Ms Bentley was stationary in traffic when Liam Nolan’s vehicle hit her car, pushing it into the vehicle ahead. She was wearing a seatbelt. The impact deployed her airbag and broke sunglasses she had on top of her head, causing lacerations to her face, particularly her left cheek. Two cuts required sutures. She also suffered soft tissue injuries, bruising and psychological effects.
The court accepted Ms Bentley’s account of the lasting impact of the injuries. It said her facial scars were visible at conversational distance and constituted a significant cosmetic blemish in her circumstances. The scars were permanent and, according to the plastic surgeon’s evidence, not suitable for revision surgery. The judge also accepted evidence of psychological effects, including anxiety and reduced confidence associated with her appearance.
Other reported symptoms had resolved or were not attributed to the accident. An ENT specialist found no hearing damage; a report indicated no accident-related eyesight damage. The court heard that soft tissue injuries had resolved, while a neck click and restricted movement were reported. Physiotherapy and counselling had been recommended, but Ms Bentley said she had not attended because of cost and work commitments. The judge was not convinced she could not afford the treatment, but accepted the psychiatrist’s reports about her psychological sequelae.
The award totalled €80,550. The judgment records a damages award; it does not state any further order in the supplied text.